Common use of SENIORITY Clause in Contracts

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month period. After the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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SENIORITY. 11.01 An employee A. A newly hired Employee shall be regarded as on a probationary employee status for sixty (60) work days beginning with the Employee's first paid day. If at any time prior to the completion of the sixty (60) work day probationary period, the Employee's work performance is unsatisfactory, she/he may be dismissed by the Employer and shall not have the right to the grievance procedure or arbitration. Probationary Employees who are absent during the first (60) work days shall remain on probation until he/she has worked a total of completes sixty (60) working days actual work days. All newly hired Employees, except in any twelve (12) month periodDivision IV, shall be placed on the start step of the appropriate salary schedule. After In no event except in Division IV, shall a newly hired Employee begin on a higher step than start on the appropriate salary schedule. Upon satisfactory completion of the probationary period, the employee Employee's seniority date shall be assigned a seniority retroactive to the date as of the Employee completed, signed and submitted the MEA membership forms. An Employee will lose or have his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered date adjusted for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he1. He/she resigns. 2. He/she is discharged for just cause, retired or voluntarily quitscause and not reinstated through the grievance procedure. b) If he3. He/she is laid off retires. 4. He/she transfers to another Division. Seniority will again be adjusted if an Employee transfers out or returns to their original Division at the superintendent’s discretion. B. An agreed to seniority list shall be maintained by the Human Resources Dept. on the District Intranet. Such list shall contain the date of hire, seniority date and classification seniority date, and any adjustments made. C. There shall be separate seniority rosters for each Division (See Article 2‐A) (Recognition/Divisions) of Employees which shall be maintained by the District, and which shall not be interchangeable. D. Seniority shall be defined as continuous service within a Division (See Article 2‐A) from the Company for first paid day as a period of time in excess of twenty Bargaining Unit Employee within the Brighton Area Schools. E. In the event two or more bargaining unit members have the same seniority date, the last four (244) months or his/her total recognized senioritydigits of their social security numbers, which ever is greater, beginning with the Companyhighest number first, shall determine their ranking on the seniority list. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 5 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

SENIORITY. 11.01 An employee 14.1 Employees working seven (7) or more hours per day on a full time basis will accrue to a maximum two hundred and sixty (260) seniority days per calendar year. Employee’s working less than seven (7) hours per day shall accrue one (1) day of seniority for every seven (7) hours worked to a maximum of two hundred and sixty (260) days per calendar year. Employees working a flexible or compressed work schedule and who work less than five (5) days per week shall accrue five (5) days of seniority (pro- rated) for every week worked to a maximum of two hundred and sixty (260) days per calendar year. Notwithstanding the above, as of January 1, 2020, no Employee will accrue more than ten (10) seniority days in any pay period. The seniority list will be converted to a “days worked list” removing the actual seniority date. a) Part-Time Seniority Rating Part time Employees shall be regarded as a considered probationary employee Employees and will have no seniority rights until he/she has they have worked a total of sixty one hundred and twenty (60120) working days in any or accumulated twelve (12) month periodmonths aggregate service with the Employer, whichever occurs first. After The Employer shall have the completion exclusive right to discharge Employees during the probationary period provided the decision to discharge is not made in bad faith, or in an arbitrary or discriminatory manner, or in violation of the Human Rights Code, the Employment Standards Act or other employment related legislation. b) Seniority shall be calculated in the following manner: Part time Employee’s shall accrue one (1) day of seniority for every seven (7) hours worked to a maximum of two hundred and sixty (260) days per calendar year. 14.2 Employees shall be considered probationary Employees and will have no seniority rights until they have worked one hundred and twenty (120) working days or accumulated six (6) months aggregate service with the Employer, whichever occurs first. The Employer shall have the exclusive right to discharge Employees during the probationary period provided the decision to discharge is not made in bad faith, or in an arbitrary or discriminatory manner, or in violation of the Human Rights Code, the Employment Standards Act or other employment related legislation. 14.3 Seniority for the purpose of this Agreement shall be defined as the length of accumulated aggregate service of an Employee in the scope of Local 5167 with the Employer, uninterrupted by either a break or severance of service for any reason. 14.4 For the purposes of the probationary period, absences that interrupt the employee period of active employment may, at the discretion of the Employer, result in the extension of an employee’s probationary period, no greater than the period of absence(s). In such cases the Union and the Employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions informed at least fourteen (14) calendar days in advance of the Ontario Human Rights Code, or if extension. For the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations purpose of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established service credits an Employee's length of service with the Company shall commence and accumulate from the first day date on which they entered the service of work, providing seniority has not been broken the Employer as per article 11.05, and shall continue to accumulate during layoff in conjunction with servicea permanent Employee. 11.04 In the event more than one employee is hired on the same date(a) An Employee's seniority rating, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee credited service and employment shall be broken for any one of the following reasonssevered by reason of: a(i) If he/she is discharged dismissal for just cause, retired or voluntarily quits.or b(ii) If he/she is laid voluntary resignation, or (iii) failure to report for work within a period of seven (7) calendar days after receipt of written notice to return to work after lay- off, or (iv) a lay-off from the Company extending continuously for a period of time in excess of twenty four ten (2410) months or his/her total recognized senioritymonths, which ever is greater, with the Companyor (v) absence without leave without sufficient reason. c(b) If an employee overstays an approved An Employee’s seniority rating shall be deemed frozen by reason of: (i) A lay-off extending beyond one month, or (ii) A temporary transfer/posting into a managerial position or a non-union position outside the bargaining unit as per Article 13.14, or (iii) Any unpaid leave of absence period other than those defined by this Collective Agreement, legislated by the Employment Standards or remains away Employment Insurance Act. 14.6 The seniority list shall be posted in each workplace as early as practicable but no later than March 1st and September 1st of each calendar year. The Union has thirty (30) calendar days from work without permission September 1st to challenge this list. The seniority list shall include the Employee's name, days worked, Employee number, classification, position title and wage grade. For the purposes of management for layoff and bumping, the seniority list used shall be a period current list generated by Human Resources within one (1) week of more than three (3) consecutive working daysthe date of notice. 14.7 Employees with the same days worked shall have their seniority determined by lottery, he/she as administered by the Union. Once seniority status has been established through the lottery it will be assumed maintained accordingly. If an Employee’s seniority is adjusted due to have forfeited his/her any of the reasons listed in 14.5 (b) and that adjustment results in them having the same seniority rights under this Agreement d) If he/she fails to report to work within five (5) working date as one or more other Employees they shall be listed at the top of the group that shares the same days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreementworked. e) If he/she accepts other employment while on leave 14.8 The Union will be notified of absence except with all new Employees, their start date, department, Employee number, position title and classification. In addition, the express permission Employer will notify the Union upon an Employee's successful completion of the Companytheir probationary period. 11.06 Any employee transferred 14.9 No seniority will be lost as a result of taking courses related to a position outside an Employee’s job and falling within the Employer’s tuition reimbursement policy. 14.10 Once established, an Employee’s seniority ranking shall be used in the determination of the Bargaining Unit will not be returned with their accrued all seniority and service to the Bargaining Unitbased issues.

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee (a) The seniority date of all Regular Employees shall be regarded the date upon which the Regular Employee commenced in the Bargaining Unit, including all prior periods of uninterrupted service as a probationary employee until he/she has worked a total of sixty Casual, Temporary, or Regular Employee. (60b) working days in any twelve (12) month period. After the completion of Seniority shall not apply during the probationary period; however, once the employee probationary period has been completed, seniority shall be assigned a credited from the seniority date as established pursuant to clause 9.0l(a). 9.02 Seniority shall be considered in determining the following: (a) preference of his/her first day workedvacation time; (b) xxxxxxx and recalls; (c) promotions, providing seniority transfers, and in filling all vacancies within the Bargaining Unit; (d) scheduling of shifts including; (i) shift schedule changes, or (ii) the selection of available shifts based upon a new master rotation; (e) distribution and allocation of additional hours of work for Part-time employees who have designated in writing their availability; (f) distribution and allocation of overtime hours; (g) assignment of the hourly premium for in charge, security, pager and any other responsibilities, which may be waived by a senior employee, provided there is a less senior qualified employee on duty. 9.03 Seniority shall be considered broken, all rights forfeited, and there shall be no obligation to rehire: (a) when the employment relationship is terminated by either the Employer or the Employee; (b) upon the expiry of fifteen (15) months following the date of initial layoff, if during such time the Employee has not been broken recalled to work; (c) if an Employee does not return to work when recalled, as per Article 11.05provided in the "Layoff, Xxxxxx and Severance" Article. 11.02 The termination of a probationary employee (a) Seniority lists shall be considered for just cause unless provided by the termination is contrary Employer to the Union two times (2X) a year in January and July or when Employees have been served notice pursuant to the provisions of the Ontario Human Rights Code"Layoff, or if the termination is arbitrary, discriminatory, or in bad faithRecall and Severance" Article. The Company agrees to perform evaluations Employer shall also post a copy of probationary employees, based the seniority list on the Company’s expectations joint bulletin board provided two times (2x) a year in January and concernsJuly. 11.03 Seniority (b) Employees will have four (4) weeks to take issue with any changes made to the seniority list since the last list was provided to the Union, otherwise the seniority list will be deemed correct. 9.05 The seniority list shall be defined as contain the status name of each Regular Employee, their employment status, position/ job title(s), their date of hire and FTE hours. 9.06 Should a difference arise regarding an Employee's seniority, the employee based upon his/her established length of service Employer will provide the Employee with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue information necessary to accumulate during layoff in conjunction with serviceestablish accurate seniority. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee (a) Newly hired full-time employees shall be regarded as considered on a probationary employee until he/she has worked basis for a total period of sixty three (603) working days in any twelve (12) month periodmonths from the date of hiring. After three (3) months of continuous service, his/her seniority shall date back to the completion 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 probationary periodbulletin 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 shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day greatest amount of seniority will be retained in employment or recalled to work, providing seniority has not been broken as per article 11.05whichever is applicable, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If provided he/she is discharged for just cause, retired or voluntarily quitsqualified to perform the work available. b11.04 Seniority previously accumulated will be lost whenever an employee: (a) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or quits his/her total recognized seniorityemployment, which ever or retires; (b) is greater, with the Company.discharged and not reinstated; (c) If an employee overstays an approved leave of absence or remains away is absent from work without permission of management reasonable explanation; (d) she/he is a part-time employee who has not been available for a period of more than three (3) consecutive working dayscalendar 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 will be assumed to have forfeited his/her seniority rights has accumulated under this Agreement dAgreement shall be credited to the employee. Subject to the time period set out in 11.04 (e) If he/she fails to report to work within five (5) any time spent working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with outside the provisions of Article 12.02 bargaining unit shall be deemed a lay-off for the purpose of this Agreementarticle. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month period. After the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 15.01 Seniority shall be defined as the status of the employee based upon his/her established an employee's uninterrupted length of service continuous employment with the Company from Employer. A probationary employee shall have no seniority until he satisfactorily completes the first day probationary period which will be added to his total length of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with servicecontinuous employment. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a 15.02 An employee's seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any terminated when one or more of the following reasonsoccurs: a) If he/she He resigns; b) He is discharged for just cause, retired or voluntarily quits.; bc) If he/she He is laid laid-off from the Company for a period of time in excess of twenty exceeding eighteen (18) months; d) He retires; e) He fails to report for work four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (34) consecutive working daysdays without having given the Employer advance notice of his pending absence, he/she will be assumed unless he is physically unable to have forfeited his/her seniority rights under this Agreementdo so as certified by the appropriate authority; df) If he/she He becomes unable to perform his job duties due to illness or injury and is unable to return to work within one (1) year or upon the expiration of any leave applicable to him, whichever is greater; g) He refuses to recall or fails to report to work within five fourteen (514) working days from the date the employee receives a recall notice, by certified mail. 15.03 If two (2) or more employees are hired or appointed on the same date, their relative seniority shall be determined by the drawing of receiving notification lots. 15.04 The City shall provide the Union with a current seniority list within thirty (30) calendar days after the signing of recall the contract and annually thereafter. The seniority list shall be made up by classification and shall contain, in order of date of hire, the name, department date of hire, and designation as to full-time or part-time status for each employee. The City shall provide the Local Union President with a written list of additions to or deletions from layoff by verifiable mail to his/her last known addressthe seniority list, or five if any, on a quarterly basis. 15.05 Seniority for part-time employees shall be on a pro-rata basis, with 2080 hours of actual service constituting one (51) days in accordance year of seniority. Part-time employees may exercise seniority rights only against other part-time employees and probationary employees. 15.06 Full-time employees who were formerly part-time City employees shall have their part-time City service counted for seniority purposes on a pro-rata basis. The former part-time service must be continuous and uninterrupted and this service must also be immediately concurrent with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and full-time service to qualify. Part- time service shall be on the Bargaining Unitbasis of 2080 hours of constituting one (1) full year of service.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month period. After the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee 10.01 A newly employed nurse shall be considered a probationary nurse until she has completed four hundred and fifty (450) hours of service. With written consent of the nurse, the probationary period may be extended for just cause unless a further two-hundred and twenty-five (225) hours. If accepted for permanent employment, her seniority shall commence from the termination is date of her employment. A probationary nurse may be discharged for any reason not contrary to law and there shall be no recourse to the provisions grievance procedure. 10.02 A seniority list shall be maintained for all nurses covered by this agreement who have completed their probationary period. A copy shall be filed with the Bargaining Unit President of the Ontario Human Rights CodeLocal Association, or if in April of each year. A copy of the termination is arbitrary, discriminatory, or in bad faithseniority list will be forwarded to the Labour Relation Officer. The Company agrees to perform evaluations of probationary employees, Seniority will be based on the Company’s expectations and concernshours worked. 11.03 10.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company maintained and accumulated when a nurse is absent from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, work in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasonscircumstances: (a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays on an approved leave of absence with pay; (b) on an approved leave of absence without pay for thirty (30) continuous calendar days or remains away from work without permission less; (c) when in receipt of management WSIB for any injury sustained while employed by VON Simcoe County; (d) when on pregnancy or parental leave. 10.04 Where a permanent vacancy or a new position occurs in a classification of the bargaining unit, such vacancy shall be posted for a period of more than three seven (37) consecutive working calendar days, he/she will . Nurses may make a written application for the vacancy during the posted period. The name of the successful applicant shall be assumed posted and a copy of the posting shall be provided to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable the local Association. The manager shall announce a vacancy via voice mail to his/her last known address, or five (5) days in accordance with and the provisions of Article 12.02 of this AgreementVON email system. e) If he/she accepts other employment while 10.05 Nurses shall be selected for positions under 10.04 on leave the basis of absence except with skill, ability, experience and qualifications. Where these factors are equal amongst the express permission of the Companynurses concerned, seniority shall govern. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 10.1 An employee shall covered by this Agreement will acquire, and be regarded as a probationary employee until he/she entitled to exercise seniority rights only after he has worked for the Corporation a total of sixty (60) working days in cumulative within any twelve twelve- (12) month period. After the completion of the probationary periodseniority is acquired, the employee it shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first (1st) day of workthe sixty (60) day cumulative period. An employee laid off or released because his service is deemed unsatisfactory during his probationary period of employment shall not be entitled to exercise seniority rights. 10.2 Separate seniority lists will be maintained for Maisonneuve Region, providing seniority has not been broken as per article 11.05being the South Shore, Beauharnois, Cornwall and Iroquois Canals, and shall continue to accumulate during layoff in conjunction for the Niagara Region, being the Welland Canal. Except as otherwise provided, seniority rights can only be exercised within the group with servicewhich an employee is listed. 11.04 In 10.3 Employees with the event more than one employee is hired same seniority date shall be ranked on the same dateseniority list as determined by a draw, supervised by the Corporation with the Local Chairperson present. Seniority lists shall be posted in January of each year. Such lists shall show names, positions and established dates of entry into the service. Copies of the lists shall be furnished to the local officers of the Union. 10.4 Protests in regard to seniority status must be submitted in writing, in accordance with the grievance procedure set in Article 5 of the collective agreement at Step 2, within sixty (60) days of publication of the listing being protested. When proof of error is presented by an employee or his representative, such error will be corrected, and when so corrected, the Company will randomly assign, agreed-upon seniority date shall be final. No change shall be made in the presence of the Plant Chairperson or designate, each seniority date accredited to an employee with a who has appeared on two (2) consecutive annual seniority code number, this number will be used in determining each employee’s seniority standinglists unless it has been duly protested. 11.05 10.5 a) The seniority name of an employee who is promoted from a position covered by this Agreement to an excepted or Supervisory Group position with the Corporation shall be broken for any one continued on the seniority list of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off group from the Company which promoted and he shall retain his date of seniority while so employed for a period of time in excess one (1) year. Thereafter, the employee's seniority date shall be adjusted to reflect non-accrual of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management seniority for a subsequent period of more than up to two (2) years. At the conclusion of the three (3) consecutive working daysyear period, he/she will the employee's name shall be assumed to have forfeited his/her removed from the seniority list. Such an employee, when released as a permanent incumbent from employment in an excepted or Supervisory Group position may, within thirty (30) days of such release, exercise his seniority rights under to displace a junior employee in any position which he is qualified to fill and which is not higher-rated than the classification from which he was promoted. Failing to exercise his seniority in this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall manner it shall be forfeited and his name shall be dropped from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreementseniority list. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month period. After the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 A. Seniority shall be defined as the status of the employee based upon his/her established length follows: 1. Regular Drivers - Total years of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or Board since his/her total recognized seniority, which ever is greater, with original hiring date as a bus driver less such time as the Company. c) If driver was not employed as a bus driver by the Board. No seniority time shall be lost by a driver while on an employee overstays an approved authorized leave of absence or remains away lay-off for lack of work, but subsequent to the signing of this Agreement, drivers who have quit or been discharged may not regain seniority in the event of rehire. Seniority time shall not accumulate on days that a driver is on lay-off, unpaid leave, or disciplinary suspension. Loss of seniority due to suspension shall be reinstated in the event that the suspension is proved to be unfounded, and the driver is reinstated from suspension with full back pay. a. Drivers hired into the unit as regular drivers shall be considered probationary employees for the first ninety (90) days of work without permission of management for their employment. Days when an employee does not drive will not be counted toward reduction of probation. While a period regular driver is on probation, he/she shall be exempt from Article II, Section F. b. Upon successful completion of more than three ninety (390) consecutive working daysdays of work, he/she will be assumed to have forfeited his/her entered on the seniority rights under list of the unit and shall rank in seniority from the last date of hire. c. For purposes of this AgreementArticle any portion of a day worked shall count as a full day of work. d) If he/she fails to report d. Employees returning to work within at the beginning of a new school year shall have bus and route assignments made at the beginning of the school year according to the order of assignments which were in effect at the end of the previous school year. Route openings caused by employees not returning to work as provided in the provisions herein shall be offered to drivers in order of seniority provided that the driver must have the then present ability to perform the duties and responsibilities of the route to which being assigned with a minimum of training. e. When a regular route or assignment becomes available during the school year, notice of the vacancy shall be posted on the bulletin board in the bus garage for five (5) working days consecutive workdays. All drivers will have the right to apply for such route assignment and applicants will be considered on the basis of receiving notification seniority, provided that the route shall be assigned to the most senior driver bidding on the route who has the then present ability to perform the duties and responsibilities of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance the assignment with the provisions a minimum of Article 12.02 of this Agreementtraining. ef. Drivers who bid on and are awarded a new route cannot bid on a new route opening more than once per semester or for a period of four (4) months, whichever is longer. Drivers who are awarded a new route shall be given a ten (10) day trial period during which they can request to return to their previous route. Drivers may not bid on another route during this ten (10) day trial period. If he/she accepts the driver decides to return to their previous position, the vacancy shall not be reposted but shall follow the same selection process from among the remaining bidding employees. g. Regular drivers shall be given priority consideration for kindergarten runs and other employment while on leave daily runs not considered regular runs. Seniority shall be the major consideration in the selection of absence except with drivers for these runs, provided that the express permission drivers selected must have the then present ability to perform the duties and responsibilities of the Companyassignments with a minimum of training. 11.06 Any h. When an employee is transferred from one route to another for the convenience of the Board because of absenteeism or other emergency, the employee transferred shall suffer no loss of pay due to a position outside such transfer. i. When regular substitute drivers are not available or the Transportation Supervisor feels it is in the best interest of the Bargaining Unit school district to use regular drivers whose route times allow them to be available to perform substitute duties, an effort will not be returned with their accrued seniority and service made by the Transportation Supervisor to contact the Bargaining Unitavailable regular drivers in order of seniority.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month period. After the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 A. Seniority shall be defined as the status of the employee based upon his/her established length of unbroken service in Hudsonville Public Schools. (A break in service occurs when a teacher resigns, retires, or is terminated and the termination is not reversed through an administrative or court proceeding.) 1. Leaves of absence, with the Company or without pay, and absences due to layoff are not considered as a break in service. 2. Seniority shall be counted from the first day date of workservice in the district. 3. Seniority shall not accumulate during a requested leave of absence as set forth in Article X, providing seniority has Sections A, B, C, E, I or J. Such leave, however, shall not been broken as per article 11.05, and constitute a break in service. 4. Seniority shall continue to accumulate during layoff in conjunction with serviceabsences under Article IX. Seniority shall continue to accumulate during absences under Article X, Section F, up to a maximum of one (1) year. 11.04 5. In the event two or more than one employee is hired people have the same seniority date, ties will be broken by using the last four digits of the teachers’ social security numbers. The person with the highest number shall be considered to have the greatest seniority with rank descending so that the person with the lowest number has the least seniority. B. Time spent in an administrative position in the district shall not be considered a break in service, but seniority shall not accumulate while in an administrative position. C. Human Resource Department will create a seniority list. 1. The list will include the names, type of certificate(s), grade(s), or course(s) which the teachers are qualified to teach, the first date of unbroken service, beginning and ending dates for leaves which do not count for accumulated service (see A.3. above), and last four digits of employee’s social security number. 2. Upon agreement on the same datelist, the Company will randomly assign, in the presence first date of unbroken service shall not thereafter be challenged. 3. The seniority list shall be updated by November 1 each year of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave D. Upon the completion of absence except with the express permission 120 days of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unitdistrict within one (1) school year or 120 consecutive days of unbroken service, all newly hired teachers in Hudsonville Public Schools shall be placed on the seniority list as of their first date of service in the district, and shall remain on the list until such time as there is a break in service to the district as defined in section A above. E. For the purpose of determining years of seniority for teachers who work less than a full year, the following schedule will apply: Time Taught in a Given Year Years of Credit 0 - 49 days None 50 - 99 days 1/2 year 100 or more days 1 full year

Appears in 4 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

SENIORITY. 11.01 An employee (a) The seniority date of all Regular Employees shall be regarded the date upon which the Regular Employee commenced in the bargaining unit, including all prior periods of uninterrupted service as a Casual, Temporary, or Regular Employee. (b) Seniority shall not apply during the probationary employee until he/she period, however once the probationary period has worked a total been completed, seniority shall be credited from the seniority date established pursuant to Article 9.01(a). 9.02 Seniority shall be considered in determining: (a) preference of sixty vacation time; (60b) working days layoffs and recalls, subject to the provisions specified in any Xxxxxx and Recall Article; (c) promotions, transfers, and in filling all vacancies within the bargaining unit subject to the provisions specified in the Appointments, Vacancies and Promotions Article; 9.03 Seniority shall be considered broken, all rights forfeited, and there shall be no obligation to rehire: (a) when the employment relationship is terminated by either the Employer or the Employee; (b) upon the expiry of twelve (12) month period. After months following the completion date of initial layoff, if during which time the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority Employee has not been broken recalled to work; (c) if an Employee does not return to work when recalled, as per Article 11.05provided in the Layoff and Recall Article. 11.02 The termination of a probationary employee 9.04 Seniority lists shall be considered for just cause unless provided by the termination is contrary Employer to the Union twice per year and when Employees have been served notice pursuant to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faithArticle 24. The Company agrees to perform evaluations Employer shall also post a copy of probationary employees, based the seniority list on the Companyjoint bulletin board provided. The seniority list shall contain the name of each regular Employee, their status, their date of hire, department(s) and the total number of paid hours; 9.05 Should a difference arise regarding an Employee’s expectations and concerns. 11.03 Seniority shall be defined as seniority, the status of Employer will provide the employee based upon his/her established length of service Employee with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue information necessary to accumulate during layoff in conjunction with serviceestablish accurate seniority. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 Seniority shall mean an employee's length of service with the Employer. An employee shall be regarded as a probationary employee until maintain and accumulate seniority while he/she is in the employ of the Employer after he/she has completed his/her probationary period as set out in Article 11.02 below, subject to Article 11.04. 11.02 A newly hired employee shall serve a probationary period of forty (40) work days or 320 hours worked within a total of sixty (60) working days in any twelve (12) month period, whichever comes first. After the Upon completion of the probationary period, the a new employee shall be assigned a seniority date as of have his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary dated back to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length original date of service with hire by the Company from the first day of work, providing Employer. Where two (2) or more employees acquire seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, they shall be added to the Company will randomly assign, seniority list in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number alphabetical order. 11.03 Seniority lists will be used in determining each supplied to the Union quarterly and posted on all bulletin boards. An address list sorted alphabetically by surname will be supplied to the Union quarterly for all employees appearing on the seniority lists. 11.04 Seniority, once established for an employee, shall be forfeited and the employee’s seniority standing. 11.05 The seniority of an employee employment shall be broken for any one of deemed to be terminated under the following reasonsconditions: (a) If if he/she voluntarily quits; (b) if he/she retires; (c) if he/she is discharged for just cause, retired or voluntarily quits.any cause and not reinstated through the Grievance Procedure; b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If if he/she fails to report to work within five (5) working days after layoff or leave of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days absence in accordance with the provisions of Article 12.02 of this Agreement.; (e) If if thirty-six (36) months have elapsed from day of lay-off; (f) if he/she accepts is absent from work for three (3) or more scheduled consecutive working days, without notifying the Employer, unless in the circumstances it was impossible to do so; or, (g) if he/she uses a pre-approved leave for other employment while on leave than its intended purpose. 11.05 An employee who is no longer able to perform the normal required work of absence except with his/her job within a classification but is able to perform other duties, or an employee who has incurred a permanent or partial disability will, by agreement between the express permission Employer and the Union, be assigned to or retained at an operation within his/her medical restrictions at their original rate for two (2) years from the date of injury. If the job he/she is performing is higher than their original rate then the higher rate will apply. Upon completion of the Companytwo (2) year period, the employee will assume the prevailing rate of the job he/she is performing. 11.06 Any employee transferred to a position outside The Employer will notify the Plant Chairperson on the second day of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unitabsence under Article 11.04 (f).

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 (a) Company seniority will commence with the effective day of placement on the payroll and accrue in accordance with Company policy. (b) Pay seniority will accrue in accordance with the terms of this Agreement. (c) All references in this Agreement to “seniority” will mean Occupational Group Title Seniority, also referred to as Occupational seniority, except where specific reference is made to Company or Pay seniority. (d) Occupational seniority will begin to accrue from the date of first assignment to a classification within any Title enumerated in Article 11 for a newly hired employee. An employee shall who changes his Title Group will have his Occupational and Pay seniority dates start on the Saturday prior to his report date to the new Title Group. If the employee reports on a Saturday, the Occupational and Pay seniority dates will start on that day. (e) If an employee is transferred from one station to another, his seniority will not be regarded as a probationary employee until he/she has worked a total broken. (f) Occupational seniority will govern all employees in the case of sixty (60) working days promotion, demotion, transfer, retention in any twelve (12) month period. After case of reduction in force, and reemployment after release due to reduction in force, provided that the completion employee's qualifications are sufficient for the conduct of the probationary period, work in the employee shall classification to which he is to be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05assigned. 11.02 The termination of (g) An employee, who accepts a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service regular position with the Company outside of the bargaining unit and holds seniority, will retain but not accrue his seniority for a period of one hundred and eighty (180) calendar days. No employee can exercise this option more than once in a two (2) year period. The two (2) year period will begin with the day the employee returns to the bargaining unit. (1) Such an employee must continue to pay union dues and may return to his former classification and station, provided that he elects to return within one hundred and eighty (180) calendar days from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 date he left the bargaining unit. In no event will the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority return of an employee shall directly result in the displacement of another employee in the classification to which he returns. If the employee is less senior than the most senior employee (in that classification, at that station) on layoff, he will be broken for any placed on layoff status. (2) An employee who exceeds one hundred and eighty (180) calendar days in a regular position outside of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quitsbargaining unit will forfeit all Occupational seniority. b(h) If he/she is laid off from An employee who accepts an acting assignment as a manager, supervisor, planner, or any special assignment outside the scope of the Agreement with the Company (MPR) will not exceed a period of three hundred and twenty (320) actual hours for all time worked in any calendar year in that assignment, either successive or cumulative. No two acting assignments of three hundred and twenty (320) hours can be made successively, i.e., within ninety (90) calendar days. The total number of hours worked, including overtime, will be included for the purposes of this section. (1) Any extension will be made only by agreement between the Company and the Union. (2) Time in a temporary or acting assignment in any calendar year will be counted toward the one hundred and eighty (180) calendar days retention period if a regular assignment is accepted in that calendar year. These applications will be subject to review by a panel composed of one AA and one TWU designated representative. (3) An employee who exceeds three hundred and twenty (320) actual hours in any calendar year will forfeit all Occupational seniority. (4) The Company will provide to the Local TWU President a monthly report of those employees receiving MPR, or who have received MPR since the last reporting period, which shall include accumulated hours. (i) An employee, having Occupational seniority, who permanently transfers at his own request to a classification of work in another Title Group or under the Stock Clerk Agreement, the Technical Specialist Agreement, or the Fleet Service Agreement, will retain seniority in the classification and Title Group from which he transferred for a period of time not exceeding his service in excess the former Title Group. That retained seniority may be exercised only in the event of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed reduction in force pursuant to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement15(b). e(j) If he/she accepts When an employee, who is junior to another employee, is promoted over the other employment while on leave of absence except with employee (bid job) the express permission senior of the Companytwo employees will continue to retain his position on the seniority roster. 11.06 Any employee transferred to a position outside of (k) In the Bargaining Unit event that two or more employees have the same Occupational seniority date, the employee’s initial placement on the seniority list will not be returned with their accrued determined on the following tiebreakers: (1) Earliest previous AA-TWU Occupational seniority and service to the Bargaining Unitdate. (2) Earliest Company seniority date. (3) Oldest in chronological age.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 An employee The Employer and the Union agree that seniority is the length of service beginning with the employee's last date of hire into the bargaining unit. a. Seniority Lists 1. The seniority list on the effective date of this Agreement will show the names, job titles and seniority hiring date of all employees of the bargaining unit entitled to seniority and shall be regarded as also include a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month period. After the completion list of the probationary periodemployees, even though they do not have seniority. The Employer will post a new list once a year on the employee shall first Monday of October. Revisions of the seniority list will be assigned a posted as made. A copy of the seniority date as of his/her first day workedlist and subsequent revisions, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall will be considered for just cause unless the termination is contrary provided to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faithUnion. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four Within fifteen (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (515) working days of receiving notification of recall from layoff by verifiable mail such posting, any employee (or the Union) believing the list to his/her last known addressbe inaccurate shall file a written, or five (5) days in accordance signed objection to the revision with the provisions Superintendent. The Superintendent will meet with the objecting employee and representatives of the Union in an attempt to resolve the matter. If the matter is not resolved, and the employee (or Union) desire to appeal the matter, a written grievance shall be submitted directly to Step 2 of the Grievance Procedure outlined in Article 12.02 9. If no written objections have been made within such period, or, if written objection has been made, upon final resolution of the validity of such objection, the Employer may conclusively rely upon the accuracy of such lists for all purposes of this AgreementAgreement and for purposes of future revisions of such lists. e) If he/she accepts other employment while 2. In the event of a tie in accumulated seniority, employees shall be ranked on leave the seniority list in order of absence except the highest number determined by the last four digits of the employee’s social security number (highest number equal greater seniority). 3. Seniority rights shall be on a district-wide basis. 4. Seniority shall not be affected by race, sex, age, marital status or dependents of the employee. 5. Seniority shall be used with promotions, new jobs, transfers, etc., along with the express permission ability to perform the work as a criteria for promotion. 6. Any employee working in an Individualized Education Program who is displaced by the absence of the Company. 11.06 Any employee transferred student (absence being defined as a period equal to a position outside one (1) school day or more) shall be placed at the top of the Bargaining Unit will not sub-in list, and shall be returned with their accrued seniority and service to the Bargaining Unitoffered such work based upon seniority.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 (a) An employee Employee’s “Seniority Date” shall be regarded the date on which a Regular or Temporary Employee’s continuous service in the bargaining unit commenced, including all prior periods of service as a probationary employee until he/she Casual, Temporary or Regular Employee contiguous to present regular or temporary employment. (b) Continuous service within the bargaining unit shall include service with any Employer with a bargaining relationship with UNA, provided that the Collective Agreement with that Employer contains a reciprocal clause and provided there was no break in the Employee’s service for longer than six months. (c) An Employee who has worked accrued seniority with this Employer or another Employer under the terms of a total of sixty (60) working days in any twelve (12) month period. After the completion of the probationary period, the employee Collective Agreement with reciprocal seniority provisions shall be assigned a seniority date as of entitled to maintain his/her first day worked, providing previous seniority date provided that there has not been broken as per Article 11.05. 11.02 The termination a break of a probationary employee six months or more in the Employee’s continuous employment. Such seniority date shall be considered in accordance with Article 12.01, but shall not have no impact upon the Employee, as an external candidate, obtaining an initial position subject to Article 14: Promotions, Transfers & Vacancies, the Employee’s initial Basic Rate of Pay subject to Article 25: Salaries, vacation entitlement subject to Article 17: Vacations with Pay, sick leave accrual subject to Article 19: Sick Leave or Letter of Understanding: Severance. (d) Where an Employee claims previous service under Article 12.01 (b), the Union carries the sole responsibility for just cause unless compiling the termination is contrary necessary proof of prior service and for providing it to the Employer. 12.02 Seniority shall determine: (a) assignment of available shift schedules subject to the provisions of Article 7: Hours of Work and Scheduling Provisions; (b) promotion and transfers within the Ontario Human Rights Codebargaining unit subject to the provisions specified in Article 14: Promotions, or if Transfers & Vacancies; (c) layoff and recall subject to the termination is arbitrary, discriminatory, or provisions specified in bad faith. The Company agrees Article 15: Layoff and Recall; and (d) approval of vacation times subject to perform evaluations of probationary employees, based on the Company’s expectations and concernsprovisions specified in Article 17: Vacations with Pay. 11.03 12.03 Seniority shall be defined as the status of the employee based upon his/her established length of service considered broken, all rights forfeited and there shall be no obligation to rehire: (a) when an Employee’s employment ceases with the Company from Employer; (b) upon the first day expiry of work, providing seniority 12 months following layoff during which time the Employee has not been broken as per article 11.05, and shall continue recalled to accumulate during layoff in conjunction with service.work; 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working daysif, he/she will be assumed subject to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement15: Layoff and Recall, an Employee does not return to work on recall. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 (a) Company seniority will commence with the effective day of placement on the payroll and accrue in accordance with Company policy. (b) Pay seniority will accrue in accordance with the terms of this Agreement. (c) All references in this Agreement to “seniority” will mean Occupational Group Title Seniority, also referred to as Occupational seniority, except where specific reference is made to Company or Pay seniority. (d) Occupational seniority will begin to accrue from the date of first assignment to a classification within any Title enumerated in Article 11 for a newly hired employee. An employee shall who changes his Title Group will have his Occupational and Pay seniority dates start on the Saturday prior to his report date to the new Title Group. If the employee reports on a Saturday, the Occupational and Pay seniority dates will start on that day. (e) If an employee is transferred from one station to another, his seniority will not be regarded as a probationary employee until he/she has worked a total broken. (f) Occupational seniority will govern all employees in the case of sixty (60) working days promotion, demotion, transfer, retention in any twelve (12) month period. After case of reduction in force, and reemployment after release due to reduction in force, provided that the completion employee's qualifications are sufficient for the conduct of the probationary period, work in the employee shall classification to which he is to be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05assigned. 11.02 The termination of (g) An employee, who accepts a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service regular position with the Company outside of the bargaining unit and holds seniority, will retain but not accrue his seniority for a period of one hundred and eighty (180) calendar days. No employee can exercise this option more than once in a two (2) year period. The two (2) year period will begin with the day the employee returns to the bargaining unit. (1) Such an employee must continue to pay union dues and may return to his former classification and station, provided that he elects to return within one hundred and eighty (180) calendar days from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 date he left the bargaining unit. In no event will the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority return of an employee shall directly result in the displacement of another employee in the classification to which he returns. If the employee is less senior than the most senior employee (in that classification, at that station) on layoff, he will be broken for any placed on layoff status. (2) An employee who exceeds one hundred and eighty (180) calendar days in a regular position outside of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quitsbargaining unit will forfeit all Occupational seniority. b(h) If he/she is laid off from An employee who accepts an acting assignment as a manager, supervisor, planner, or any special assignment outside the scope of the Agreement with the Company (MPR) will not exceed a period of three hundred and twenty (320) actual hours for all time worked in any calendar year in that assignment, either successive or cumulative. No two acting assignments of three hundred and twenty (320) hours can be made successively, i.e., within ninety (90) calendar days. The total number of hours worked, including overtime, will be included for the purposes of this section. (1) Any extension will be made only by agreement between the Company and the Union. (2) Time in a temporary or acting assignment in any calendar year will be counted toward the one hundred and eighty (180) calendar days retention period if a regular assignment is accepted in that calendar year. These applications will be subject to review by a panel composed of one AA and one TWU designated representative. (3) An employee who exceeds three hundred and twenty (320) actual hours in any calendar year will forfeit all Occupational seniority. (4) The Company will provide to the Local TWU President a monthly report of those employees receiving MPR, or who have received MPR since the last reporting period, which shall include accumulated hours. (i) An employee, having Occupational seniority, who permanently transfers at his own request to a classification of work in another Title Group or under the Stock Clerk Agreement, the Technical Specialist Agreement, or the Fleet Service Agreement, will retain seniority in the classification and Title Group from which he transferred for a period of time not exceeding his service in excess the former Title Group. That retained seniority may be exercised only in the event of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed reduction in force pursuant to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement15(b). e(j) If he/she accepts When an employee, who is junior to another employee, is promoted over the other employment while on leave of absence except with employee (bid job) the express permission senior of the Companytwo employees will continue to retain his position on the seniority roster. 11.06 Any employee transferred to a position outside of (k) In the Bargaining Unit event that two or more employees have the same Occupational seniority date, the employee’s initial placement on the seniority list will not be returned with their accrued seniority and service to determined on the Bargaining Unit.following tiebreakers:

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 An employee Section 1 Seniority" shall be regarded computed on the basis of uninterrupted length of continuous service as a full-time employee with the City of Sharonville Fire Department. A termination of employment lasting less than thirty-one (31) days shall not constitute a break in continuous service. If continuous service is broken and the employee is not reinstated, the employee loses all previously accumulated seniority. An employee’s seniority shall commence after the probationary period and shall be retroactive to the first day the employee until reported to work. Section 2 An approved leave of absence does not constitute a break in continuous service provided the employee follows the proper procedure for such leave and returns to active service immediately following the expiration of the approved leave. Section 3 Employees laid off shall retain their seniority for a period of twenty-four (24) months from the date of layoff. Section 4 The seniority of fire officers within ranks will be determined by the date the employee was promoted to the title he/she has worked a total holds. In the event that two or more officers have the same date of sixty (60) working days in any twelve (12) month period. After permanent appointment, their seniority will be determined by their numerical position on the completion of the probationary period, the employee shall be assigned a seniority date as of hisCivil Service list from which he/her first day worked, providing seniority has not been broken as per Article 11.05she was last appointed. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 Section 5 In the event more than one employee is hired goes on the payroll of the Department on the same date, their Civil Service grading scores shall govern said seniority standing. The employee with the Company highest Civil Service score taking precedence and shall be considered to have the greatest seniority. In the event that more than one employee was promoted/appointed who were not part of a Civil Service List, Seniority will randomly assign, be determined in the presence of the Plant Chairperson or designate, each employee with order that they were appointed to such classification. Section 6 The City shall establish a seniority code numberlist of all employees In the bargaining unit, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee and such list shall be broken for any one brought up to date and a complete new list be provided and posted on January 1 of each year on the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from bulletin boards provided by the Company Union and all properties for a period of time no less than thirty calendar days, and a copy of said seniority list or any revised list shall be furnished to the Secretary - Treasurer at the Union’s business address. Any objection to the seniority list, as posted, shall be reported to the Fire Chief who shall cause such lists to be corrected. Any objection to the Seniority List, as posted, shall be reported to the Fire Chief with-in excess ten (10) calendar days from the first day of twenty four (24) months posting, or his/her total recognized seniority, which ever is greater, with the Companyseniority list shall stand approved. c) If an employee overstays an approved leave Section 7 Seniority shall prevail with respect to the choosing of absence or remains away from work without permission of management for a period of more than three (3) consecutive working vacations, holidays, personal days, helay-off/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days and ties in accordance with the provisions of Article 12.02 of this Agreementpromotional tests. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total of sixty A. Seniority Accrual 1. The CommutAir System Seniority List (60“seniority list”) working days in any twelve (12) month period. After effect on the completion date of the probationary periodsigning of this Agreement (attached hereto as Appendix A) will be the official seniority list and, thereafter, the employee shall be assigned seniority of a seniority date as of his/her newly hired flight attendant (including transferees from another department within the Company) will commence on the first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary flight attendant enters training and will continue to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon hisaccrue thereafter during her/her established length his period of service with the Company from Company, except as otherwise provided for in this Agreement. A flight attendant’s longevity will commence concurrently with her/his seniority date, and will accrue thereafter during her/his active service with the Company, excluding leaves of absence, furlough, or other periods as may be provided for in this Agreement. 2. A former CommutAir flight attendant who is re-hired as a flight attendant will be placed on the seniority list on her/his first day of work, providing seniority has not been broken active service as per article 11.05, and shall continue to accumulate during layoff in conjunction with servicea flight attendant following her/his rehire. 11.04 In 3. When two (2) or more flight attendants have their names placed on the event more than one employee is hired seniority list on the same date, their position on the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number list will be used in determining each employee’s seniority standingdetermined by a random drawing of numbers. 11.05 The 4. Except as otherwise provided for in this Agreement, seniority will govern all flight attendants for retention in case of an employee shall be broken for any one reduction in force, recall from furlough, preference of the following reasons: a) If he/she is discharged for just causevacation periods, retired or voluntarily quitsfilling of vacancies, domicile assignments, Company-offered voluntary leaves of absence, and bidding rights. b) If he/she is laid off from the Company B. When Seniority Will Not Govern Except as otherwise provided for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days seniority will not in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts any respect govern: transfers into other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position departments outside of the Bargaining Unit will Inflight Department, transfers into positions within the Inflight Department not be returned with their accrued seniority covered under this Agreement (e.g., administrative positions), selection and service promotion to the Bargaining UnitInflight instructor, selection and promotion to supervisory duty, assignment to non-flying duty (e.g., light duty), or special assignment duty.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 An (a) For the purpose of this Agreement an employee's "seniority" shall commence on the date of the employee's most recent hiring (other than as a result of a recall after layoff) into a position covered by this agreement, by the Employer and shall continue to accumulate seniority during: i) any period of layoff during which the employee was entitled to be recalled; ii) any period of absence caused by sickness or accident to a maximum of two (2) years; iii) any authorized leave of absence without pay to a maximum of two (2) years; iv) any period of Self-Funded Leave to a maximum of one (1) year; v) any period of secondment to another organization authorized by the Employer; and vi) any period of authorized federation leave. (b) Where a term employee is subsequently hired to a regular position (with no break in service) the employee's seniority shall commence on their most recent date of hire as a term employee. (c) Where seniority is equal, the ranking shall be regarded as a probationary employee until he/she has worked a total of sixty (60determined by: i) working days in any twelve (12) month period. After the completion date of the probationary periodterm or casual employees first day of work; ii) total non-continuous years of employment with the Employer; iii) total consecutive years of employment with the Employer within the Bargaining Unit; iv) in the event there is still a tie, selection by lot in the presence of the Bargaining Unit President or his/her designate. v) Where the employee's seniority date is the same as two (2) or more regular employees and a selection by lot has previously taken place for that particular date, the employee shall be assigned a seniority date ranked as of his/her first day worked, providing seniority has not been broken as per Article 11.05the last person for that date. 11.02 The termination 29.02 A loss of a probationary employee seniority shall be considered for just cause unless the termination deemed to have occurred if an employee: i) resigns or retires; ii) is contrary to the provisions discharged and is not reinstated by reason of the Ontario Human Rights Code, or if grievance and arbitration procedure; iii) is no longer entitled to be recalled; or iv) accepts a permanent position outside of the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concernsBargaining Unit. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 29.03 The seniority of an employee who is absent due to sickness or accident shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty not accumulate beyond twenty-four (24) months or his/her total recognized senioritymonths, which ever is greater, with however seniority shall be maintained and the Companyemployee shall have the right to return to work upon recovery. c29.04 Notwithstanding Article 29.03, seniority shall accumulate during any absence for which the employee receives Workplace Safety Insurance Board wage loss replacement. (a) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she A seniority list shall be maintained by the Employer. The list will be assumed provided electronically to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days the President of receiving notification of recall from layoff by verifiable mail to his/her last known address, or the Bargaining Unit five (5) days before the list is distributed. By February 15th, a seniority list indicating the employee’s name, seniority date and position title will be distributed electronically for retention by the Supervisor, to each work location/department. Employees will have an opportunity to review their seniority date for verification. (b) The Bargaining Unit President will also be provided with a seniority list which includes employment status, job level, location and work year. This list will not be posted. 29.06 Employees requesting a correction to their seniority date or requesting to be added to the seniority list must do so in accordance writing to the Human Resources Department before 15 March. Seniority lists may be changed at any time with the provisions mutual consent of Article 12.02 of this Agreementthe parties. e) If he/she accepts other employment while on leave of absence except 29.07 The Employer shall provide a written response to an employee requesting a correction to their seniority accumulation, with a copy to the express permission of the Company. 11.06 Any employee transferred to a position outside President of the Bargaining Unit will not be returned with their accrued seniority and service to Unit, within twenty (20) days from the Bargaining Unitdate the written request was received.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month period. After the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 19.01 Seniority shall be defined as the status total accumulated hours of service calculated from the date the employee last entered the service of the employee based upon his/her established length Employer, to a maximum total of one thousand nine hundred and fifty (1950) hours in one fiscal year. For the sole purpose of calculation of seniority pursuant to this Article 19.01, total accumulated hours of service with the Company from the first day shall include all paid hours of work, providing seniority has not been broken as per article 11.05, service and shall continue also include: (a) unpaid leaves of absence due to accumulate maternity leave and parental leave, (up to a maximum of two thousand nine hundred twenty-five (2925) hours of service, to be prorated on the Part-Time employee’s actual hours worked in the immediate preceding fiscal year); (b) extended illness or injury (covered by sick benefits or other insurance), Union leave, Workers Compensation or injuries covered by Manitoba Public Insurance, (up to a maximum of one thousand nine-hundred and fifty (1950) accumulated hours of service, to be prorated on the Part-Time employee's actual hours worked in the immediate preceding fiscal year); and (c) any other approved unpaid leave of absence up to a maximum of four hundred and fifty (450) accumulated hours of service, to be prorated on the Part-Time employee’s actual hours worked in the immediately preceding fiscal year. For those employees who have not worked during layoff the immediately preceding fiscal year, the proration will be based on the average of actual hours worked in conjunction with servicethe four (4) week period immediately preceding the end of the current fiscal year. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an 19.02 An employee shall be broken lose their seniority and their employment shall cease for any one or more of the following reasons: (a) If he/she the employee resigns or is discharged for just cause, retired or voluntarily quits.by the Employer and is not reinstated through the grievance and/or arbitration articles of this Agreement; or (b) If he/she if the employee is laid off for a period in excess of twelve (12) continuous months; or (c) the employee fails to return to work on recall within fourteen (14) calendar days of a registered letter being sent to their latest recorded address on file with the Employer or within seven (7) calendar days of direct contact with a management representative of the Employer unless the employee is not able to report for work due to an illness or injury substantiated by a medical certificate or another explanation acceptable to the Employer; or (d) the employee is absent from work without an explanation acceptable to the Company Employer for a period of time three (3) or more consecutive working days; or (e) the employee fails to return to work on the day specified in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, accordance with the Company. c) If an employee overstays an approved leave of absence absence, including vacation or remains away from work without permission of management for a period of more than three (3) consecutive working dayssuspension, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails unless the employee is not able to report for work due to work within five an illness or injury substantiated by a medical certificate or another explanation acceptable to the Employer; or (5f) the employee is no longer legally entitled to continue working days of receiving notification of recall from layoff by verifiable mail in their position due to his/her last known address, or five (5) days a change in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission status of the Companyemployee’s work permit or study permit. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 4 contracts

Samples: Collective Agreement, Collective Bargaining Agreement, Collective Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month period. After the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 15.01 Seniority shall be defined as the status of the employee based upon his/her established an employee's uninterrupted length of service continuous employment with the Company from Employer. A probationary employee shall have no seniority until he satisfactorily completes the first day probationary period which will be added to his total length of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with servicecontinuous employment. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a 15.02 An employee's seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any terminated when one or more of the following reasonsoccurs: a) If he/she He resigns; b) He is discharged for just cause, retired or voluntarily quits.; bc) If he/she He is laid laid-off from the Company for a period of time in excess of twenty exceeding eighteen (18) months; d) He retires; e) He fails to report for work four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (34) consecutive working daysdays without having given the Employer advance notice of his pending absence, he/she will be assumed unless he is physically unable to have forfeited his/her seniority rights under this Agreementdo so as certified by the appropriate authority; df) If he/she He becomes unable to perform his job duties due to illness or injury and is unable to return to work within one (1) year or upon the expiration of any leave applicable to him, whichever is greater; g) He refuses to recall or fails to report to work within five fourteen (514) working days from the date the employee receives a recall notice, by certified mail. 15.03 If two (2) or more employees are hired or appointed on the same date, their relative seniority shall be determined by the drawing of receiving notification lots. 15.04 The City shall provide the Union with a current seniority list within thirty (30) calendar days after the signing of recall the contract and annually thereafter. The seniority list shall be made up by classification and shall contain, in order of date of hire, the name, department date of hire, and designation as to full-time or part-time status for each employee. The City shall provide the Local Union President with a written list of additions to or deletions from layoff by verifiable mail to his/her last known addressthe seniority list, or five if any, on a quarterly basis. 15.05 Seniority for part-time employees shall be on a pro-rata basis, with 2080 hours of actual service constituting one (51) days in accordance year of seniority. Part-time employees may exercise seniority rights only against other part-time employees and probationary employees. 15.06 Full-time employees who were formerly part-time City employees shall have their part-time City service counted for seniority purposes on a pro-rata basis. The former part-time service must be continuous and uninterrupted and this service must also be immediately concurrent with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and full-time service to qualify. Part-time service shall be on the Bargaining Unitbasis of 2080 hours of constituting one (1) full year of service.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 An employee shall A. Seniority will consist of the employee’s total length of service, measured from the last period of unbroken service in positions in classified service. B. Seniority will apply to all employees as provided by this Agreement. C. For employees with established seniority dates at the time of the signing of this Agreement, those seniority dates will remain in effect. D. Less than full-time employees’ seniority will be regarded as computed on a probationary employee until he/she has worked payroll hour basis. When less than full-time employees become full-time employees, their payroll hours will be pro-rated on a total of sixty (60) working days in any comparable basis to full-time employment. E. Cyclic employees whose positions are less than twelve (12) month period. After the completion of the probationary period, the employee shall be assigned a months will not have their seniority date as of adjusted. X. Xxxx in seniority will be broken by measuring the employee’s last continuous time within their classification. If the tie remains, seniority will be determined by measuring the employee’s last continuous time at the University. If the tie remains, seniority will be determined by measuring the employees’ total accumulated time with the state. If the tie remains, seniority will be determined by lot. X. A permanent employee has the right to withdraw his/her first day worked, providing resignation without loss of seniority has not been broken as per Article 11.05provided that written notice of the withdrawal is received by the University within seventy-two (72) hours excluding Sunday and holidays after submitting the resignation. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved H. Any leave of absence granted by the University or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed separations due to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued considered a break in service for the purpose of calculating seniority. I. Time spent on the University layoff list will count for seniority purposes. J. Time spent under the jurisdiction of the higher education personnel rules and service to under the Bargaining Unitjurisdiction of general government rules will be interchangeable. K. For a permanent employee who has been suspended without pay for cause, seniority will not be denied for any period of suspension. L. For a permanent employee who has been temporarily demoted for cause, seniority will not be denied for the period of demotion and will not be considered time out of classification for the determination of layoff tie.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month period. After the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered 20.01 Seniority for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority employees shall be defined as the status length of the employee based upon his/her established length of service employee's continuous employment from the last date on which they commenced work with the Company from Employer. The Employer and the first day Union will determine a fair and equitable way of work, providing resolving the seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is ranking for employees who are hired on the same dateday. Should the Employer and the Union be unable to determine a method, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number lots will be used in determining each employee’s seniority standingdrawn with the Employer and Union as scrutineers to the procedure. 11.05 The seniority of 20.02 Seniority will be considered broken and services terminated if an employee shall be broken for any one of the following reasonsemployee: (a) If he/she is discharged by the Employer for just cause, retired or voluntarily quits.cause and not reinstated; (b) If he/she is voluntarily quits or resigns; (c) has been laid off from the Company continuously for a period of time in excess of twenty four twelve (2412) months or his/her total recognized seniorityis called back to work after layoff and does not return to work within seven (7) calendar days of receiving a registered letter to their last known address; (d) fails to return to work on the completion of an authorized leave of absence, which ever vacation, or suspension, unless a satisfactory reason is greater, with the Company.given; c(e) If an employee overstays an approved is absent from work without a written leave of absence or remains away from work without permission of management for a period of more than three (3) calendar days unless a satisfactory reason is given by the employee. (f) who is a casual employee refuses three (3) shifts in a row (for which the employee has previously indicated their availability to work), excluding periods of illness, vacation, maternity leave, etc. (g) who is a casual employee who has not worked any shifts authorized by management in six (6) consecutive working daysmonths (excluding periods of illness, hematernity leave/she will parental leave). 20.03 Seniority shall be assumed the governing factor in matters of demotion, layoff, recall after layoff, reduction to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days part-time, and choice of receiving notification vacation. In the event of recall from layoff by verifiable mail to his/her last known addresslayoff, or five reduction to part-time, reverse order of seniority shall apply to all affected employees in the bargaining unit. Seniority shall be the governing factor in all matters of promotion, awarding of new positions or vacant positions, transfers, preference of shift within the classification, providing the employee has the ability to do the normal requirements of the job within the ninety (590) days in accordance with day familiarization period and meets the provisions required qualifications of Article 12.02 of this Agreementthe job posting. e) 20.04 If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any an employee transferred is promoted to a position outside the bargaining unit, they shall retain their seniority accumulated up to the date of leaving the Bargaining Unit unit, but will not accumulate any further seniority. An employee shall have the right to return to a position in the bargaining unit during their trial period which shall be returned with their accrued seniority and service to the Bargaining Unit.a maximum of sixty

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 An employee A. Seniority 1. A seniority list shall be regarded as prepared by the Superintendent's Office, a probationary employee until copy of which will be provided to the Association President and posted in the teachers’ lounge in each building by October 15. The list shall be in order of seniority and shall include the employee’s hire date, all certifications and endorsements held by the employee, subject/content areas in which he/she has worked a total of sixty is believed to be “highly qualified” under the NCLB Act and probationary status, if applicable. 2. If the Association believes there is an error on the seniority list, it shall request any revisions, with reasons for such revisions, within thirty (6030) working calendar days in any twelve (12) month period. After the completion after receipt of the probationary periodseniority list. If no request for revision is received within this time frame, the employee list shall be assigned considered final and accurate until the following school year. 3. If the Association has requested a revision to the seniority date list pursuant to 1. above, and the parties agree that the original list is in error, a revised seniority list shall be prepared by the Superintendent's Office and a copy given to the Association President and posted in the teachers’ lounge in each building within thirty (30) calendar days after verifying the error and this corrected list shall be considered final and accurate until the following school year. 4. If an employee transfers to a non-bargaining unit position, he/she shall retain all seniority accumulated as of the effective date of the transfer but said seniority shall not accumulate while the employee remains in the non-bargaining unit position. In the event the employee returns to a bargaining unit position, he/she shall be placed on the then appropriate seniority list in accordance with his/her first day worked, providing seniority has not been broken as per Article 11.05accumulated seniority. 11.02 The termination 5. In compiling the seniority list, the following criteria shall apply: a. Seniority for purposes of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority this Agreement shall be defined as the status years of continuous service in the District. b. An employee who resigns, retires, is discharged or is denied employment under provisions of the employee based upon Tenure Act shall lose all seniority credit. If subsequently employed by the Board, his/her established length of service seniority credit begins with the Company from last date of hire. If an employee is dismissed or denied employment under provisions of the Tenure Act and such action is reversed, seniority credit shall begin with the last date of hire prior to the dismissal. c. Date of hire" shall be when the earliest one (1) of three events occurs, each of which indicates a commitment between the employee and the District. (1) The date of a written offer of employment by the Board’s agent; or (2) The date on which the employee was hired by formal action of the Board, or (3) The first date of regular* work by the employee for the Board. *(Excluded is work prior to the first regular school day associated with coaching, band camp, F.F.A., driver education, library, counseling, etc.) An employee employed as a permanent substitute who thereafter becomes a regularly employed employee without a break in employment shall count, as his/her date of workhire, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with the first date of permanent substitute service. 11.04 d. In computing seniority, one (1) day of employment (full or part-time) equals one (1) day of credit. Sick days count as employment. e. An employee granted an unpaid disability, health care FMLA leave or military leave of absence shall accumulate seniority credit. f. Seniority credit shall be given for time spent on layoff status. g. In the event more than one employee is hired on the same dateof a tie in seniority, the Company will randomly assign, in the presence last four digits of the Plant Chairperson or designate, each employee with a seniority code number, this employee’s social security number will be used in determining each employee’s seniority standingwith the highest number being placed first. 11.05 The seniority of an employee shall be broken 6. Qualifications for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights all positions under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff Agreement must meet the requirements established by verifiable mail to his/her last known addresslaw and as defined in ESEA, or five (5) days in accordance with the provisions of Article 12.02 of this AgreementNCLB, and/or ESSA. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 4 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total 12.1 Seniority, for the purpose of sixty (60) working days in any twelve (12) month period. After the completion of the probationary periodthis Agreement, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established follows: The length of continuous, regular, and probationary service with the Company Employer from the date an employee was first day of workcertified and appointed to a class title covered by this Agreement, providing it being further understood that seniority has not been broken as per article 11.05, and shall continue is confined to accumulate during layoff in conjunction with service. 11.04 the current class assignment held by an employee. In cases where two (2) or more employees are appointed to the event more than one employee is hired same class title on the same date, the Company seniority shall be determined by the employee’s rank on the eligible list from which certification was made. 12.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 12.3 In the event it is determined by the Employer that it is necessary to reduce the work force, employees will randomly assignbe laid off by class title within each department based on inverse length of seniority as defined above. However, when layoff occurs in any of the titles listed below under Column A, layoff shall be based on inverse length of total seniority in all titles listed on the corresponding line under Column B. The Human Resources Department will identify such least senior employee in the presence department reducing positions, and shall notify said employee of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniorityreduction from the department. If there are any vacancies in any of the titles under Column B on which seniority was based, in any other City department, the Human Resources Department shall place the affected employee in such vacancy. If two (2) or more vacant positions are available, the Human Resources Department shall decide which ever vacant positions the affected employee shall fill. If no vacancy exists in such titles, then the least senior City employee in such titles shall be identified, and if the employee affected by the original departmental reduction is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working dayssenior, he/she shall have the right to claim that position and the least senior City employee in such titles shall be the employee laid off. For the purposes of this Article, the Board of Education is not included as a City department nor is a Board of Education employee included as a City employee. Deputy License Inspector I Deputy License Inspector II Engineering Aide I Engineering Aide II Fire Aide I Fire Aide II Housing Aide I Housing Aide II Housing Rehab Advisor I Housing Rehab Trainee Library Associate Operations Asst. – Town Sq. Park Planning Aide I Planning Aide II Planning Assistant I Planning Assistant II Recreation Center Director Recreation Leader II Recreation Leader III Sanitarian Aide I Sanitarian Aide II Traffic Engr. Aide II Val. & Assess. Aide I Val & Assess. Aide II Deputy License Inspector I, Deputy License Inspector II Deputy License Inspector I, Deputy License Inspector II Engineering Aide I, Engineering Aide II, Traffic Eng. Aide II, Engr. Draftsman Eng. Aide I, Eng. Aide II, Traffic Engr. Aide II, Engr. Draftsman Fire Aide I, Fire Aide II Fire Aide I, Fire Aide II Housing Aide I, Housing Aide II, Sanitarian Aide I, Sanitarian Aide II Housing Aide I, Housing Aide II, Sanitarian Aide I, Sanitarian Aide II Housing Rehabilitation Trainee, Housing Rehabilitation Advisor I Housing Rehabilitation Trainee, Housing Rehabilitation Advisor I Library Associate (PT) Recreation Leader II, Rec. Leader I, Rec. Director I, Rec. Center Director Planning Aide I, Planning Aide II, Planning Asst. I, Planning Asst. II Planning Aide I, Planning Aide II Planning Asst. I, Planning Asst. II Planning Aide I, Planning Aide II Planning Asst. I, Planning Asst. II Planning Aide I, Planning Aide II Planning Asst. I, Planning Asst. II Recreation Leader II, Rec. Leader III, Recreation Director I, Operations Asst. – Town Square Park Rec. Leader II, Rec. Leader III, Recreation Director I, Operation Asst. – Town Square Park Rec. Leader II, Rec. Leader III, Recreation Director I, Operations Asst. – Town Square Park Housing Aide I, Housing Aide II Sanitarian Aide I, Sanitarian Aide II Housing Aide I, Housing Aide II Sanitarian Aide I, Sanitarian Aide II Engineering Aide I, Engineering Aide II, Traffic Engineering Aide II Val/Assess Aide I, Val/Assess Aide II Val/Assess Aide I, Val/Asses Aide II 12.4 In cases where there are promotional series, such as Technician I, II, III, etc., when the number of employees in these higher titles is to be reduced, employees who have held lower titles which are in this bargaining unit will be assumed offered reductions to have forfeited his/her the highest of these titles to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. 12.5 It is understood that such employees will pick up their former seniority date in any class of positions that they previously held. 12.6 Recall from layoff shall be in inverse order of layoff, except that recall rights under shall expire after two (2) years of layoff. 12.7 Employees assigned to these divisions in the Police Department: Impound Lot, Property Room, Communication Center, and/or Records, shall be allowed to bid for work shifts (i.e. midnights, days, and afternoons), on the basis of seniority when a vacancy occurs within the employees’ classification in their division. 12.8 In the event the Employer believes it is necessary to merge, contract out, or subcontract any public work performed by employees covered by this Agreement d) If he/she fails Agreement which may lead to report to work within layoff, the Employer will notify the Union no less than forty-five (545) working calendar days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or in advance. During the forty-five (545) days in accordance days, the Employer will meet with the provisions Union and discuss possible options to contracting out or ways and means to minimize the elimination of Article 12.02 of this Agreementpositions. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 An 9.01 The Company agrees to recognize the principles of seniority, that is, the granting of preferences to employees in promotions, demotions, layoffs and recall after layoffs in accordance with the employees' continuous length of employment, provided however, that the employee can fill the normal requirements of the job, having been given a reasonable opportunity to demonstrate his ability on the job, up to fifteen (15) working days but not less than ten (10) working days. (a) Any new employee will be considered probationary for the first fifty-five (55) days worked and will have no seniority during that period. After fifty-five (55) days worked service, his/her plant-wide seniority shall date back to the day on which his employment began. His/Her departmental seniority shall date back to the day he entered the department on a posted or assigned job. During the probationary period, an employee not being a member of the Union shall have no recourse to the grievance procedure. Part-time employees will be regarded as a granted preference in recall in accordance with the employee's seniority after the completion of their probationary period provided however, that the employee until can fill the job requirements. (b) In the event that two (2) or more employees who have successfully met the obligations in Article 9.02 (a), and whose start date is on the same day will be assigned seniority in accordance with their application form. Employees currently employed who have the same seniority date will be assigned seniority based upon the current seniority list in accordance with Article 9.07. 9.03 Any employee transferred temporarily by the Company to another department shall retain his/her seniority in the department from which he/she has worked a total of sixty (60) working days in was transferred. 9.04 If any twelve (12) month period. After the completion of the probationary periodjob ceases to exist, the employee shall be assigned a entitled to exercise plant-wide seniority date as of to the degree that his/her first day workedskill and ability permit consistent with Article Any employee laid off because of curtailment of production, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary recalled according to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or inverse order in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If which he/she is discharged for just causewas laid off, retired or voluntarily quits. b) If i.e. the last employee laid off shall be the first employee recalled. To be entitled to this recall provision, the laid off employee must maintain on file with the Company, a current address and telephone number where he/she is can be reached on short notice. Notwithstanding the above, laid off from employees in the Company for a period of time Maintenance Skilled Classification may elect in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will writing not to be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred recalled to a position outside of the Bargaining Unit will not his/her classification. 9.05 It is further understood that no outside persons shall be returned with their accrued seniority and service hired until regular company employees have been recalled. Recall shall be subject to the Bargaining Unitsame provisions as outlined in Article 9.05. 9.06 Seniority records shall be posted by the Company in each department within thirty

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 9.01 Seniority is defined as time since date of hire in the Bargaining Unit and shall include service with the employer prior to the certification of the Bargaining Unit. Seniority will be applied to the Bargaining Unit on a board-wide basis in job posting, recalls, promotions, transfers, and layoffs. When a tie occurs because two (2) or more employees have started work on the same day, the tie shall be broken as follows: (a) Total years experience with the Board (b) Years of service in the same job function with another Board (c) By lot, in a manner determined by the Board and the Union. 9.02 The employer shall maintain a seniority list showing each employee's name, total experience with the employer, classification and place of work. This seniority list shall include members with recall status. In May of each year, the employer shall post a copy of an up-to-date seniority list in all work locations with members covered by this Collective Agreement. Any question as to the accuracy of the seniority dates must be submitted within fifteen (15) working days of the posting of the list, following which, the dates will be considered to be correct. 9.03 Seniority rights shall cease for any one of the following reasons when an employee: a) Resigns b) Is discharged and is not reinstated through the grievance procedure or arbitration c) Is laid off and decides to take severance pay. 9.04 The employer shall notify employees who are to be laid off as outlined in the Employment Standards Act. 9.05 An employee shall will be regarded as a probationary employee on probation until he/she has worked a total completed ninety (90) days of sixty (60) working days in any twelve (12) month periodactive employment with the Board. After the Upon successful completion of the probationary period, he/she shall then be credited with seniority equal to the employee probationary served and seniority thus acquired shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05applied in the manner set out in this agreement. 11.02 9.06 The termination following leaves will be recognized for seniority purposes: pregnancy leave, parental leave, leave of absence, sick leave, secondment, long term disability, Employee Funded Leave Plan, Workers‟ Compensation, Family Medical Leave, a probationary employee shall be considered for just cause unless the termination is contrary leave of absence to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service undertake a temporary position with the Company from Board not covered by this Collective Agreement, for the first day twelve (12) months of work, providing seniority has not been broken as per article 11.05such leave, and any other Board-approved leave contained within this agreement where it is stated that seniority shall continue to accumulate during layoff in conjunction with serviceaccrue. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee A. Seniority List 1. For the purposes of establishing the Flight Attendant System Seniority List, a Flight Attendant’s seniority date shall be regarded the day she/he begins training. In the event that more than one (1) Flight Attendant begins training on the same day, they shall be placed on the seniority list according to a lottery. If any individuals in the class are current Company employees, they will be senior to all other trainees within their class. If more than one trainee is a current Company employee, their respective seniority will be decided by lottery. 2. The System Seniority List shall be updated after each new hire class and posted on CrewNet twice a year, January 1 and July 1. 3. The seniority list showing eligible bidders shall be published with each Bid Package for each specific Base. 4. The current System Seniority List as published on the DOS is agreed to be accurate and binding. 5. Each Flight Attendant shall be permitted a probationary employee until heperiod of twenty-one (21) days after the posting of the System Seniority List in which to protest, in writing, to the Company an alleged omission or incorrect posting affecting her/she has worked his seniority. A Flight Attendant returning to work after a total leave or furlough shall be given twenty-one (21) days upon her/his return to initiate a protest to the list. A Flight Attendant may not repeat a protest which was not resolved to her/his satisfaction. 6. The System Seniority List shall include each Flight Attendant’s name as it appears on her/his passport, seniority number, ID number, seniority date, Base, Position, and status (active or inactive). 7. Upon request, the Company shall supply a copy of sixty (60) working days in any the updated System Seniority List to the Union. 8. When a Flight Attendant transitions into the Xxxxxx position, she/he will retain her/his seniority date. The same shall apply to a Xxxxxx who transitions into a Flight Attendant position. 9. A Flight Attendant who transfers into a non-bargaining unit position within the In-Flight Department or a department related to customer service shall retain and accrue seniority and longevity during her/his continuous employment within the In-Flight Department or a department related to customer service provided she/he remains qualified to perform Flight Attendant duties. Temporary loss of qualification due to furlough or leave of absence will not affect the individual’s seniority and longevity retention so long as the qualification is timely restored upon return to active duty. 10. A Flight Attendant who transfers to a non-bargaining unit position outside the In-flight Department or a department related to customer service shall continue to retain and accrue seniority and longevity for twelve (12) month periodmonths. After the completion of the probationary periodThereafter, the employee she/he shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless removed from the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faithSystem Seniority List. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff time referenced in conjunction with service. 11.04 In the event more than one employee this provision is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company cumulative for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with Flight Attendant who transfers back and forth between the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to bargaining unit and a position outside of the Bargaining Unit will not be returned with their accrued seniority and service In-Flight Department or a department related to the Bargaining Unitcustomer service.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 (a) Seniority is the right accruing to employees through length of service at a particular work site which entitles the employee to preference in layoffs, recalls from layoff and vacation time. Seniority shall also apply in filling permanent vacant station assignments within the same building site providing the person applying for said vacancy is qualified to perform the work as determined by the Employer. (b) An employee’s seniority date is defined as the earliest date after which the employee worked continuously for the same Employer or series of successor Employers at a particular location. Seniority shall be regarded as a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month periodbroken if: 1. After the completion of the probationary periodEmployee retires, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered quits or is terminated for just cause unless the termination is contrary to the provisions or loss of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or work except as provided for in bad faith. The Company agrees to perform evaluations Section 2(c) of probationary employees, based on the Company’s expectations and concernsthis Agreement. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she 2. Employee is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management and not recalled for a period of more than three six (6) months. 3. Employee fails to return from an authorized leave of absence or vacation or fails to respond to a recall from layoff. (c) consecutive working days, he/she will be assumed to have forfeited his/An employee shall transfer his or her seniority rights under this Agreementupon transfer to another work site. (d) Recall from layoff shall be handled in the following manner: 1. Any employee who has been employed for six (6) months or more at a particular site, is laid off, and does not accept employment elsewhere with the Employer shall have the right of recall to that site, provided that the period of layoff does not exceed six (6) months. 2. The Employer will contact the most senior qualified employee. 3. If he/she fails the most senior qualified employee does not respond, the Employer will notify all laid off employees from the site that a vacancy exists. The employees shall then be given seven (7) days from the date of mailing of the letters in which to report express, in person or by certified mail, his or her desire to work within accept the available job. During the entire process, the Employer may hire a temporary employee to fill the vacancy until a seniority person is selected. 4. Recall shall be by seniority and qualifications as determined by the Employer of those responding. 5. Those not responding shall be dropped from the seniority list. (e) The Employer agrees to provide five (5) working days notice to employees of receiving notification a permanent layoff, if the Employer has knowledge of recall from the planned layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreementadvance. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month period. After the completion of the probationary period10.01 Seniority for all employees covered by this Agreement, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of continuous service with the Company within the bargaining unit, and shall be applied on a bargaining unit-wide basis. (a) All employees shall serve a probationary period of ninety (90) calendar days before acquiring seniority. Each full day of absence from work for any reason shall be added to the probationary period. The Company will have an assessment meeting for probationary employees midway through their probationary period. (b) Upon completion of the required probationary period, an employee's seniority shall be effective from the first day date of work, providing employment. Said seniority has shall accumulate and be carried over from year to year irrespective of the number of days worked in the following calendar years. (c) The Company will not been broken as per article 11.05, and impose any second or subsequent probationary period on any employee without consent of the Union. 10.02 Seniority shall continue to accumulate during layoff in conjunction with serviceall paid and unpaid authorized leaves of absence, during all layoffs, and during all periods of sickness and/or injury. 11.04 In the event more than one employee 10.03 Seniority shall be considered broken and services terminated if an employee: (a) is hired on the same date, duly discharged by the Company will randomly assign, in the presence and not reinstated through Grievance and Arbitration procedure of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing.Agreement; 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. (b) If he/she is voluntarily quits or resigns; (c) has been laid off from the Company continuously for a period of time in excess of twenty four twelve (2412) months or the length of his/her total recognized seniority, which ever whichever is greaterless, with the Company. c) If an employee overstays an approved leave of absence or remains away from is called back to work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report after layoff and does not return to work within five seven (57) working calendar days of receiving notification of recall from layoff by verifiable mail a registered letter to his/her last known address, or five ; (5d) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on is absent from work without an authorized leave of absence except with for more than three (3) working days, unless a satisfactory reason is given by the express permission employee; (e) fails to return to work on completion of the Companyan authorized leave of absence unless a satisfactory reason is given. 11.06 Any 10.04 Seniority shall be the governing factor in matters of layoff, recall after layoff and choice of vacation, provided however, that employees remaining can perform the required work satisfactorily. In the event of layoff, reverse order of seniority shall apply to all affected employees in the bargaining unit provided, however, that employees remaining can perform the required work satisfactorily. 10.05 Employees shall be given notice of layoff on the basis of one (1) working day's notice for each six (6) months' service, but with a minimum of three (3) working days and a maximum of seven (7) working days. 10.06 In the event an employee who has accepted and/or been transferred to a position outside the bargaining unit is returned to the bargaining unit by the Company or employee within six (6) months, such employee shall be accredited with their full seniority for time spent within the bargaining unit and outside the bargaining unit. 10.07 All promotions shall be based on qualifications, and where these are adequate in the opinion of the Bargaining Unit will not Company, seniority shall prevail. When making its selection, the Company shall act reasonably, fairly and in good faith. Employees filling such vacancies shall be returned with their accrued seniority and service allowed a trial period of thirty (30) days, except in cases where the parties agree to a longer trial period. If the employee has failed to qualify to fill the vacancy, or if the employee so desires, within the thirty (30) day trial period, the employee may return to his/her former job. 10.08 Any employee who works in a lower paying classification due to the Bargaining Unitoperation of the seniority provision of this Agreement, shall nevertheless continue to receive his/her higher rate of pay for the first eight (8) weeks so employed. 10.09 Any employee who is temporarily assigned to work in a higher paying classification for a minimum of one (1) day eight (8) hours will be paid the higher rate in that classification for all hours worked.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee (a) Seniority shall be regarded as mean length of continuous service with the Employer including a required probationary employee until he/she has worked a total period of ninety (90) calendar days. After the first sixty (60) working calendar days of employment, the Employer will provide the probationary employee with a written report on their progress, and will copy the shop xxxxxxx. It is understood and agreed that, upon request of the Associate to the Union, a thirty (30) day extension of the probationary period will be granted providing that the Associate and the employee in any question meet to discuss the reasons for the requested extension. (b) Unless fitness and ability of an employee is greater than other employees involved, length of continuous service with the Employer shall govern in cases of layoffs and rehire. Regular full time employees reduced to a part time basis shall be offered available work in accordance with the above procedure. The foregoing provisions do not apply to employees hired to work on relief staff or replace employees who are absent due to vacations, sickness, accident or other leaves of absence. (c) Employees laid off in accordance with the above provisions by the Employer shall be recalled to work in order of length of service with the Employer, provided: (1) No more than six (6) months has elapsed since the last day worked by the employee, and in the case of employees with two (2) or more years of seniority, no more than twelve (12) month periodmonths has elapsed, and (2) The employee reports for duty within twenty-four (24) hours from time of recall, and (3) The employee is capable of performing the work. After Employees rehired within six (6) months of their layoff shall retain their previous length of service for purposes of this section. (d) Notwithstanding anything contained to the contrary in this Agreement, it is mutually agreed that all employees are hired on probation, the probationary period to continue for ninety (90) calendar days during which time they are to be considered temporary workers and during this period no seniority rights will be recognized. Upon the completion of the probationary period, period the employee employees shall be assigned a seniority date regarded as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee regular employees and shall be considered for just cause unless entitled to seniority dating from the termination is contrary to date on which they entered the provisions employment of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concernsEmployer. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 An Seniority rights for employees shall prevail. SECTION 1 - Seniority shall be broken only by discharge or voluntary quit. Any employee laid off by the Company due to lack of work, shall be given two (2) weeks’ notice in lieu thereof, two (2) week’s pay. No employee shall quit without giving the Company two (2) weeks’ notice in writing unless there is an emergency. SECTION 2 - When it is necessary to reduce the regular forces of coach operators or maintenance employees, layoff shall be regarded in the inverse order of seniority in their respective departments. Employees so laid off will retain and accumulate seniority rights during such layoff. In the event of a layoff, full-time operators will be given the opportunity to bump down to part-time status. Supplemental (part-time) operators will be laid off as a probationary employee until he/she has worked a total of sixty percentage, as provided within Article 33 - Section 2. If recall occurs, full-time operators would be given first opportunity. SECTION 3 - Eight (60) working days in any twelve (12) month period. After the completion of the probationary period, the employee 8) separate seniority lists shall be assigned posted in a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based conspicuous place on the Company’s expectations premises: (1) coach operators, (2) mechanics, (3) fleet service attendants (4) body shop, (5) parts clerks, (6) fare box technicians, (7) facility technicians and concerns.(8) custodians. On circumstances under which persons change from one classification to another, i.e. from 11.03 Seniority shall be defined as SECTION 4 - On circumstances upon which persons leave the status department of work covered by the Agreement but remain in the employ of the employee based upon his/her Company in some other capacity, they may retain seniority rights established length at the time of service their leaving the bargaining unit, should they return to that unit within a period of three (3) months. An employee’s Company seniority shall begin with the Company from date of his most recent hire with the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 Company. In the event two (2) or more than one employee is persons are hired on the same date, that person hired, whose application was the earlier submitted, will prevail The Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number date and time-stamp all applications. SECTION 5 - New employees will be used in determining each employee’s seniority standinghired on a ninety (90) calendar day probationary period. Probationary period will begin after training and orientation period is completed. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 (a) An employee will be considered on probation and will not acquire seniority until after they have worked for a total of ninety (90) working days for the Employer, when their seniority shall commence from the date of last hire. For the purposes of vacation requests (Article 18), job postings (Article 26 and Article 27) and layoff and displacement (Article 16), separate seniority lists will be kept for the full-time employees and regular part-time employees. (b) In the event a regular part-time employee is hired as a full-time employee without a break in service, all hours previously worked as a regular part-time employee in this bargaining unit shall be considered as accrued seniority on the basis of one (1) year’s seniority for every 2080 hours worked. These hours will be pro-rated for sessional employees or for positions with less than 2080 annual hours. 16:02 A sessional employee shall be regarded as deemed to be in the continuous employ of the Employer for the purpose of seniority if the employee is employed a probationary employee until he/she has worked minimum of eight (8) consecutive months in a total of sixty (60) working days in any twelve (12) month period. After the completion of the probationary period, the A sessional employee shall not be assigned entitled to exercise their seniority in accordance with Article 16:07 in order to displace a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05regular employee during the period in which the sessional employee is laid off following the session. 11.02 The termination 16:03 A seniority list containing the names, classifications, employing department and seniority of employees will be forwarded in an electronically readable format to the Local Union President on a probationary quarterly basis, i.e. January, April, July and October of each calendar year. 16:04 An employee shall lose all seniority and deemed to be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or terminated if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits., resigns or retires the employ of the University; b) If he/she is justifiably discharged; c) has been laid off from the Company for a period of time in excess of more than twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreementmonths; d) If he/she following a layoff, fails to report to work advise the Employer within five (5) working days of receiving notification receipt of recall notice to return to work of their intention to return or fails to report for work on the date and at the time specified in the notice; e) accepts a position outside the bargaining unit for a period of more than one hundred and eighty (180) calendar days unless an extension is agreed to by the Union. For periods of less than one hundred and eighty (180) calendar days an employee may return to their former position with seniority re- instated to the date of leaving the bargaining unit position; f) is absent from layoff by verifiable mail to his/her last known address, or work for five (5) consecutive working days without notifying the Employer, and providing a reasonable explanation for such absence, in accordance which case the employee shall be deemed to have resigned their employment with the provisions of Article 12.02 of this AgreementEmployer. eg) If he/she accepts other employment while on fails to return to work upon the cessation of an authorized leave of absence except with unless the express permission of failure to return to work is due to circumstances beyond the Companyemployee’s control. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee 10.01 For Employees who are employed in the bargaining unit on the date of ratification of this Collective Agreement, seniority shall be regarded defined as a probationary employee until he/she has worked a their total length of sixty (60) working days service with the Company in any twelve (12) month periodpositions now covered by this Collective Agreement. After For Employees who are hired or who transfer into the completion bargaining unit after the date of the probationary periodratification, the employee seniority shall be assigned a seniority defined as their total length of service in the bargaining unit, dating from their first date as of his/her first day worked, providing seniority has not been broken as per Article 11.05employment in the bargaining unit. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 10.02 Seniority shall be defined as the status of the employee based upon his/her established total length of service with in the Company bargaining unit dating from the Employee’s first day date of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff employment in conjunction with servicethe bargaining unit. 11.04 In 10.03 An Employee who transfers or is re-hired to a position outside the event more than one employee is hired on bargaining unit shall, if the same dateEmployee returns to the bargaining unit, retain all seniority that the Company will randomly assignEmployee had prior to leaving the bargaining unit, in including the presence first six (6) consecutive months of time spent out of the Plant Chairperson or designate, each employee with a bargaining unit. 10.04 Employees will lose their seniority code number, this number and their name will be used in determining each employee’s removed from the seniority standing. 11.05 The seniority of an employee shall list and their employment will be broken for any one of considered terminated under the following reasonscircumstances: (a) If he/she is When discharged for just cause, retired or voluntarily quits.cause and not reinstated; (b) If he/she is When an Employee voluntarily leaves the Company; (c) When laid off for a period in excess of their recall rights as set out in Article 11.04; (d) Desertion of service; (e) When retired; (f) When an Employee is absent from work without notice to the Company for two (2) or more consecutive scheduled shifts; (g) When an Employee overstays a period vacation or leave of time in excess absence without securing a written extension of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved such leave of absence or remains away vacation from the Company; unless an explanation satisfactory to the Company is given by the Employee; (h) When an Employee utilizes a leave of absence for reasons other than those for which it was granted; (i) When an Employee fails to return to work without permission immediately after the Company has been notified by a doctor or WSIB that the employee is able to return to work; (j) When an Employee receives notice of management for recall to work following a period of more than three layoff, by telephone or by email or registered mail, and fails to advise the Company if the Employee wishes to accept the recall within twenty (324) consecutive working dayshours after having received such telephone call or notice, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she or fails to report to work within five ten (510) working calendar days from the date of receiving notification advising the Company of recall from layoff the Employee’s intent to return. Such mailing or email shall be to the last address or email address of the Employee that the Company has in its files for that Employee, and such mailings shall be deemed to have been received by verifiable mail the Employee. 10.05 No later than April 15th and September 15th, the Company will post a seniority lists for full time Employees, regular part time Employees and casual part time Employees, and provide a copy of same to his/her last known addressthe Local Union. The list will contain the following information for each Employee: – Name, or five – Classification, – Employee Number, – Bargaining Unit Seniority, expressed in terms of start date. 10.06 It shall be the responsibility of each individual Employee to ensure that their seniority as listed is correct. Employees shall have fourteen (514) days from the first day of posting to grieve for the purpose of having the seniority list corrected, after which time the list will not be changed. 10.07 When two (2) or more Employees have the same Bargaining Unit Seniority, their position on the seniority list shall be determined by drawing the names by lot. 10.08 Upon the return to work of an Employee who has been on an authorized leave of absence because of illness or injury, the Employee will return to their former position, if the position is still available and if the Employee is capable of performing the work, otherwise the Employee will be offered, in accordance with their seniority, other available work which the provisions Employee is capable of performing, in accordance with this Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with and the express permission of the Company. 11.06 Any employee transferred duty to a position outside of the Bargaining Unit will not accommodate. These obligations shall be returned with their accrued seniority and service subject to the Bargaining UnitEmployee providing satisfactory evidence of ability from a Doctor.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60a) working days in any twelve (12) month period. After the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination Seniority is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day date of workhire. Seniority, providing seniority has not been broken as per article 11.05degree of qualification, suitability and aptitude for the position in question shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority preference or priority for promotions, transfers, shift allocations, demotions, layoffs, and recall where the ability of an employee affected individuals to perform the work in question is relatively equal. Seniority shall operate on a departmental basis with displacement privileges within the department only, unless otherwise mutually agreed. Mutual agreement shall not be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quitsunreasonably withheld. b) When mutually agreed, pursuant to 12.01(a), an Employee who has the required qualifications as outlined in the job description will be able to execute their seniority in another department. If he/she is laid off from possible and mutually agreed, the Company for Employee will be given a period reasonable amount of time in excess of twenty four (24ninety [90] days) months or his/her total recognized seniority, which ever is greater, with to obtain the Companyrequired qualifications. c) If an employee overstays Seniority for full-time term and full-time Employees shall be earned on a basis of months employed. d) Seniority for part-time Employees shall only apply in relation to other part-time Employees in the department in which they are employed based on regular accumulated hours worked. Seniority of full-time Employees will take precedence over part-time employees. Temporary and relief Employees shall not accumulate seniority. e) Seniority as defined in this Article shall apply to Article 15. f) An Employee who is on an approved leave of absence or remains away from work without permission of management for a period which exceeds six (6) continuous months shall have their seniority frozen until such time as their return to work or they are terminated. 12.02 The Employer shall maintain a seniority list showing the date upon which each Employee’s service commenced. A separate seniority list shall be maintained for part-time employees. Up-to-date seniority lists shall be sent to the Union by the 31st of more than three (3January of each year. a) consecutive working days, he/she will be assumed to have forfeited his/her An Employee shall not lose seniority rights under this Agreementif they are absent from work because of sickness, accident, layoff, or leave of absence approved by the Employer. db) If he/she fails An Employee shall only lose their seniority in the event: i) they are discharged for just cause and are not reinstated. ii) they resigned. iii) they are absent from work in excess of two (2) working days without sufficient cause or without notifying the Employer, unless such notice was not reasonably possible. iv) they fail to report return to work within five ten (510) working calendar days after receipt of receiving notification notice of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreementlayoff. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60a) working days in any twelve (12) month period. After the Upon completion of the probationary period, the employee’s seniority for all purposes shall be the first (1st) day worked as a probationary employee. Seniority shall be broken only by discharge, voluntary quit, normal retirement, or more than a three (3) year layoff, employees on workers compensation leave or other leave. (b) A list of employees arranged in the order of their seniority shall be posted on the Union bulletin board no less often than once every six (6) months. A copy of the seniority posting shall be sent to the Local Union. (c) Any controversy over the seniority standing of any employee on the seniority list shall be subject to the grievance procedure. An employee shall be assigned a seniority date as of have thirty (30) days to protest his/her placement on the seniority list once it is first posted. If there is no written protest within this thirty (30) day workedperiod, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary the employee shall be considered for just cause unless the termination is contrary not have a right to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon challenge his/her established length placement on the list thereafter. (d) For full-time employees there shall be two seniority lists, “local cartage” and “over-the- road.” There shall also be a separate “casual local cartage” seniority list. Employees in the following classifications shall be included on the local cartage seniority list: all truck drivers, helpers, dock workers, jockeys, and such other employees as may be presently or hereafter represented by the Union, engaged in local pickup, delivery, and assembling of service with freight. The “over-the-road” seniority list shall include all over-the-road drivers whose primary job is to transport freight between the Employer’s facilities. Nothing within this paragraph shall preclude the Company from requesting a road driver to make extra stops to pick up or deliver freight in connection with his/her regular run or performing other local cartage work as the Company may assign. It is not the intent of the Company that this provision be utilized to diminish cartage employees’ work. No local cartage city employee having a CDL can be forced on a road run that has a lay-down. In those Service Centers in which there are more local cartage CDL employees than CDL bids, Local Cartage employees holding a CDL shall be allowed to bid on all local cartage positions, both CDL and non-CDL. If there is an insufficient number of CDL qualified drivers to fill existing full time local cartage CDL driving bids at the time of the bids, the junior CDL holder(s) will not be awarded the bid on the non-CDL jobs. Road drivers who do not possess a scheduled run(s) with the same start time will have the option to pass on available loads if a road driver with less seniority is available to make the run provided there are more drivers than loads. (e) The Company shall offer extra city or dock work to road employees who are on layoff and who are qualified and immediately available for city or dock work prior to using casual employees, except where there is a mutually agreed procedure to the contrary. No road employee shall gain “local cartage” seniority under this provision, but he/she shall accrue Company seniority. (f) The following shall apply to casual employees: 1. For employees hired after ratification of this Agreement, the first (1st) day of work, providing orientation as a casual will be the casual seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event date. If more than one (1) employee is hired starts orientation on the same date, seniority shall be determined by application date and time. 2. A casual employee laid off due to lack of work for less than one year will retain his/her casual seniority. Company and job classification seniority shall be lost due to discharge, voluntary quit or retirement. 3. The date a casual employee obtains full-time employment shall be the Company will randomly assignemployee’s regular seniority date. 4. A casual employee whose layoff exceeds one (1) year shall be considered to have been terminated and shall lose seniority, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each but may reapply for employment. 5. A full-time employee’s seniority standingshall prevail over a casual employee’s seniority in case of layoff. 11.05 The 6. If a full-time position is available for bid, and is not bid upon by a qualified regular full-time employee, the casual employee with the most seniority of an employee shall who bids on the position will be broken for any one of awarded the following reasons: a) If position if he/she is discharged for just cause, retired or voluntarily quitsmeets the minimum qualifications of the position. b) If he/she is 7. Casual employees will be laid off from and recalled to their job classification in accordance with Section 2 below. 8. When a casual dockworker or combination of casual dockworkers works the same shift for eight (8) continuous hours forty-five (45) days in ninety (90) consecutive calendar days, other than as a temporary replacement for an employee on vacation or leave of absence, the Company shall create a full-time position that it may classify, at its discretion, as a full-time dock with CDL or full-time dock only; pay will be in accordance with Article 26. 9. When a casual clerical employee or a combination of casual clerical employees works the same shift for eight (8) continuous hours forty-five (45) days in ninety (90) consecutive calendar days, other than a period temporary replacement for an employee on vacation or leave of absence, the Company shall create a full-time clerical position. Pay will be in excess of twenty four accordance with Article 26. (24g) months or In developing the initial Local Cartage seniority list referenced above, the Company shall use the employee’s Company seniority date unless a particular employee transferred into his/her total recognized senioritycurrent service center from another service center. In such event, which ever is greater, with the Companyemployee’s transfer date to the current service center shall be used to develop the seniority list. c(h) After road work has been offered within its classification, the following shall apply. If an needed, the Employer shall post, for all qualified local cartage CDL employees a list of the road runs for vacation, sick/personal days and absence for any other reason. Upon completion of the covered work, the employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed shall return to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within regular local cartage bid work. The vacancies must be for five (5) working consecutive days of receiving notification of recall from layoff and will be covered by verifiable mail to his/her last known address, or five (5) days the qualified local cartage employees that sign the list in accordance with the provisions of Article 12.02 of this AgreementCompany seniority order. e(i) If he/she accepts other employment while on leave When a qualified jockey employee is forced into the jockey bid, the parties will meet for resolution, recognizing the principles of absence except with the express permission of the Companyseniority. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 3 contracts

Samples: National Master Ups Freight Agreement, National Master Ups Freight Agreement, National Master Ups Freight Agreement

SENIORITY. 11.01 An ‌ .01 Seniority shall accrue from the date of last hire. The Employer will maintain a seniority list which will record, by job classification as expressed in Appendix A, the names and dates of last hire of members of the bargaining unit. This list will be posted annually on July 1st on the Union bulletin board. Following thirty (30) days posting, the list shall become final except as to any employee who has disputed the accuracy of his/her seniority during that thirty (30) day period. In such case the list will be subject to adjustment if established to be inaccurate. The Union List Proposed for use on non-layoff and promotion will be called the “Power Plant Service List” and will be used for the interpretation of benefits and vacation articles. The Union List Proposed for use on layoff and promotion will be called the “Power Plant Seniority List” and will be used for the interpretation of layoff and promotion articles. .02 In cases of lay-offs the following process will be followed:- (a) For the bargaining unit (as outlined in Appendix A) seniority within the affected job classification shall be regarded as a probationary given preference. (b) The employee until displaced from his/her job classification in .02 (a) above may replace the least senior employee in the job classifications within the bargaining unit where the annual salary is the same or less than the annual salary of his/her job classification provided he/she has worked a total of sixty (60) working days in any twelve (12) month period. After the completion qualifications to perform all of the probationary period, work required in the new job classification and the employee shall be assigned a so replaced has less seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05than him. 11.02 The termination of a probationary employee shall (c) Section .02(b) will be considered repeated for just cause unless the termination is contrary to the provisions each of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined employees displaced by it until such time as the status of the displaced employee based upon his/her established length of service with the Company from the first day of work, providing seniority has cannot been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one replace another employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designatebargaining unit, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, at which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working daystime, he/she will be assumed laid off. (d) An employee who has been promoted out of any job classification which now is in the bargaining unit, and who is to be laid off, may replace the employee with the least seniority in any job classification within the bargaining unit provided the promoted employee has the qualifications to perform all of the work required in the new job classification, and the employee so replaced has less seniority than the promoted employee. In such cases, it is understood that the employee's seniority will be based upon the number of previous years they were employed in the bargaining unit. (e) All persons displaced in the above process will be informed in writing, and will be provided with a seniority list of the bargaining unit. (f) Employees under the above process who intend to replace another must indicate their intention to do so in writing within two working days after being informed of their impending layoff. The letter of intention must state the name and job classification of the employee to be replaced. (g) Where a displaced employee replaces another employee in another classification and is subsequently determined to be unable to meet all job requirements, the displaced employee will be laid off, without further rights to replace another employee. (h) For the purposes of recall, the above process is reversed. (i) Employees who replace other employees under this section, will be paid the rate applicable to the new job classification. .03 A person shall be deemed to have forfeited terminated his/her employment with the Employer and shall lose all seniority rights under if he: (a) voluntarily quits the employ of the Employer; (b) is discharged and not reinstated through the process of the Grievance Procedure pursuant to this Agreement; d(c) If following a lay-off, fails to report for work within five working days after being recalled or fails to notify the Employer within three working days after recall that he/she fails will report for work, unless such period is extended for reasons satisfactory to report to work within five (5) working days of receiving notification of the Employer. Such recall from layoff notice shall be satisfactorily given if sent by verifiable registered mail to his/her last known addressemployee's address on record with the Employer; (d) is absent without permission for three consecutive working days; (e) is absent due to lay-off or disability, or five both, for more than one year; (5f) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on utilizes a leave of absence except with for purposes other than those for which the express permission leave of the Companyabsence was granted. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60a) working days in any twelve (12) month period. After the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered Seniority for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority full-time employees shall be defined as the status of the employee based upon his/her established length of continuous service with the Company from Employer in the first day of work, providing seniority has not been broken bargaining unit as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event a full-time employee. When more than one (1) employee is promoted to full- time on the same date, the employee’s part-time seniority date shall be the governing factor for placement on the schedule, vacation planning, and layoff/reduction of hours. (b) Seniority for part-time employees shall be defined as length of continuous service with the Employer in the bargaining unit. (c) The Employer agrees that employees who are transferred into the bargaining unit for operational reasons shall retain all seniority rights. An employee who transfers into the bargaining unit as a matter of personal convenience shall retain only seniority for the purpose of health and welfare and vacation benefits. Employees promoted out of the bargaining unit shall retain their seniority for a period of up to six (6) months. (d) When two (2) or more employees are hired on the same date, their seniority shall be determined by alphabetical order of surname at date of hire. In addition, where there are two (2) or more employees whose name begins with the Company same letter, the next letter will randomly assignbe used. Where the last names are the same, in the presence first name of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standingused. 11.05 The (e) “Office” and “Customer Service” employees are not to be scheduled more hours than their seniority of an employee entitles them to receive. 11.2 Seniority and employment shall be broken for any one of the following reasonsterminated when: (a) If he/she An employee quits or is discharged for just cause, retired or voluntarily quitsterminated and not reinstated through Article 16 and 17. (b) If he/she is laid An employee fails to report back to work after seven (7) days when recalled from lay-off. An employee has to be recalled from lay-off from by registered mail at the Company last known address on file with the Employer. (c) An employee has been on lay-off and has not worked for a period of time in excess of twenty four six (246) months or his/her total recognized seniority, which ever is greater, with the Companymonths. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 An (a) New employees shall not attain seniority until they have completed a probationary period with the Company. Such probationary period shall be forty (40) days worked. However, should a probationary employee complete such service, his seniority will date back to the commencement of his continuous employment. (b) The Company shall have the right to discharge a probationary employee. Such discharge may not be grieved by the employee and/or the Union. (a) Seniority listings for all employees shall be posted by the Company semi-annually. The seniority date for each employee shall be regarded considered to be correct if the employee and/or the Union rise no objection within three (3) weeks of the date of posting of the list on which the employee's name appears. (b) Persons working outside the bargaining unit returning to the bargaining unit, shall return to a position no higher than their former position in the bargaining unit. Before such a return, the union chairperson and the local union shall be notified in writing. (c) Any person entering the bargaining unit who has never been in the bargaining unit, shall not cause the demotion or layoff of any bargaining unit employee. (d) A person who has never been in the bargaining unit shall not enter the bargaining unit unless bargaining unit employees who are on layoff and who have recall rights, have declined their rights for recall. (e) It is understood between the Company and the Union that bargaining unit seniority for those persons referred to in paragraphs (c) and (d) herein, shall commence as of the date of their entry into the bargaining unit. (f) Anyone promoted to a probationary employee until he/she has worked a total management position subsequent to the date of sixty (60) working days in any ratification of this Agreement will continue to accumulate bargaining unit seniority for twelve (12) month periodmonths following his promotion, after which time he shall have no bargaining unit seniority. After the completion of the probationary periodResulting vacancies, the employee shall be assigned a seniority date as of his/her first day workedif any, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work posted within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days the promotion in accordance with the provisions of Article 12.02 13.03 (b) (i) of this Agreement. e13.03 (a) If he/she accepts other employment while on leave (i) Seniority is the principle of absence except with granting preference to employees for promotions, demotions, transfers, layoffs, rehiring after layoff and vacations. Seniority, skill and ability will be considered in promotions and, where skill and ability are approximately equal, seniority shall govern. In layoffs and recalls, seniority shall govern, provided the express permission of employees have the Companyability to perform the work required in a competent manner. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee (a) Seniority for full-time nurses shall be regarded credited as of the date of last hire into the service of the Employer. (b) Seniority for part-time and casual nurses shall be based on the total number of full or part-time tours worked since the date of last hire. Fifteen hundred (1500) hours shall be the equivalent to one (1) year of full-time seniority. (a) All newly employed full-time, part-time and casual nurses shall be considered to be on probation for a period of seventy (70) tours (525 hours) worked or eight (8) months, whichever comes first. (b) With the written consent of the Employer, nurse and designated representative, such probationary employee until he/she has worked a total period may be extended. Where the Employer requests an extension of the probationary period it will provide notice to the Union at least fourteen (14) calendar days prior to the expected date of expiration of the initial probationary period. It is understood and agreed that any extension to the probationary period will not exceed an additional sixty (60) working days in any twelve (12) month period. After tours worked and, where requested, the completion Employer will advise the nurse and the Union of the probationary period, the employee shall be assigned a seniority date as basis of his/her first day worked, providing seniority has not been broken as per Article 11.05such extension. 11.02 (c) Seniority shall then be credited as provided in Article 9.01 herein. 9.03 The termination Employer will keep up-to-date seniority lists for both full-time and part-time nurses, post the same in a conspicuous place, revise the same every six (6) months and supply copies of a probationary employee shall be considered for just cause unless the termination is contrary current list to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concernsUnion. 11.03 9.04 a) Seniority shall be defined as retained and accumulated when a nurse is absent from work under the status following circumstances: i) when on approved leave of the employee based upon his/her established length absence with pay; ii) when in receipt of service with the Company from illness allowance under Short Term Disability, Employment Insurance Sick Benefits or Long Term Disability; or iii) for the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty twenty-four (24) months when in receipt of WSIB benefits as the result of injury or his/her total recognized seniority, which ever is greater, with illness incurred while in the Company.employment of the Employer civ) If an employee overstays when on an approved leave of absence or remains away from work without permission of management for a period of more than three pay, not exceeding thirty (330) consecutive working calendar days, he/she will . v) when on pregnancy & parenting leave. This clause shall be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days interpreted in accordance a manner consistent with the provisions of Article 12.02 of this AgreementOntario Human Rights Code and the Employment Standards Act. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee (a) The seniority date of all Regular Employees shall be regarded the date upon which the Regular Employee commenced employment with the Employer including all prior periods of uninterrupted service as a Casual, Temporary, or Regular Employee (b) Seniority shall not apply during the probationary employee until he/she period; however, once the probationary period has worked been completed seniority shall be credited from the seniority date established pursuant to Article 36.01 (a). 36.02 Seniority shall be considered in determining: (a) preference in vacation time in Article 24 - Annual Vacation (b) layoffs and recalls, subject to the provisions specified in Article 37 - Layoff and Displacement Procedure; (c) promotions and transfers and in filling vacancies within the Bargaining Unit subject to the provisions specified in Article 33 - Appointments, Promotions, Transfers and Vacancies; and (d) the selection of available rotations by Employees on a total unit affected by a new master rotation that does not change an Employees Full-time Equivalency (FTE). 36.03 Seniority shall be considered broken, all rights forfeited, and there shall be no obligation to rehire: (a) when employment relationship is terminated by either the Employer or the Employee; (b) upon expiry of sixty (60) working days in any twelve (12) month period. After months following the completion date of layoff, if during which time the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority Regular Employee has not been broken as per Article 11.05returned to work. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary (c) if an Employee on recall, does not return to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or work as provide in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concernsClause 39.07. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than 36.04 Within three (3) consecutive working daysmonths of signing the Collective Agreement the Employer will post on the Bulletin Board provided pursuant to the Provisions in Article 10 -Bulletin Boards, he/she a seniority list containing the name and seniority date of each Regular Employee in chronological order. The seniority list will be assumed updated by the Employer not less frequently than every six (6) months thereafter. Copies of said seniority lists will be provided to the Union following posting. The Union shall have forfeited his/her seniority rights under this Agreement done (1) If he/she fails month in which to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance take issue with the provisions of Article 12.02 of this Agreementseniority list, otherwise the seniority list will be deemed to be correct. e) If he/she accepts other employment while on leave of absence except 36.05 Should a difference arise regarding an Employee’s seniority, the Employer will provide the Employee with the express permission of the Companyinformation necessary to establish accurate seniority. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 An a. For purposes of bidding under Article 25, Working Conditions, seniority is defined as time in classification in the AFSCME security bargaining unit, except that employees in the bargaining unit on July 1, 1994, shall retain the seniority date they have in their current position until such time as the employee leaves that position. The intent is that an employee in the AFSCME security series on July 1, 1994, keeps the seniority date negotiated in the 1992-94 Agreement for as long as the employee remains in the classification and functional unit the employee was in on that date. Once the employee leaves that position by promoting to a higher classification in the security series, transferring to a position in the same classification in another AFSCME-represented functional unit, or leaves the bargaining unit security series for any reason and then returns, the employee's seniority date will be recomputed to meet the definition of "time in class in the security bargaining unit." Seniority not sanctioned by this Agreement will not be recognized. If AOCE represented employees employed by the Agency elect AFSCME as their exclusive bargaining agent, the definition of seniority, for the purpose of shift bidding, shall be regarded as Agency Time in Classification for all bargaining unit employees. As a probationary result, all of Section 8 (a) of this article shall become null and void. This provision will become effective on the next shift/days off bid cycle after the Employment Relations Board certifies the bargaining unit. The Agency shall recalculate employee until he/she has worked job bidding seniority and provide the Union a total copy of sixty (60) working days this report. b. Seniority for bargaining unit employees who experience breaks in any twelve (12) month period. After the completion of the probationary period, the employee service shall be assigned calculated as follows: 1. Employees who leave Agency service and return within one hundred eighty (180) days, shall be credited with their previous AFSCME in class seniority which is only the days earned while in that classification upon their return or within two (2) years if the separation was a seniority date as result of his/her first day worked, providing seniority has not been broken as per Article 11.05lay off. 11.02 The termination 2. Employees who leave Agency service, for a period longer than one hundred eighty (180) days for any reason other than lay off then return, shall lose all seniority for the purpose of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concernsbidding. 11.03 Seniority 3. Employees who transfer within classification between AFSCME represented bargaining units, shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with servicemaintain their classification seniority. 11.04 In 4. Employees who promote or demote into represented classifications within the event Agency and then return to a previously held classification shall have their previous AFSCME in classification seniority reinstated by crediting only the days earned while in that classification. 5. Employees who promote into management classifications within the Agency and then return within one (1) year to a previously held classification shall have their previous AFSCME in classification seniority reinstated crediting only the days earned while in that classification. Employees who remain in a management classification more than one employee (1) year shall lose all previously earned AFSCME in classification time. c. Institution Specific Bidding Seniority will be determined as follows, except where there is a conflict between Section C and a local Article 25 provision, this section shall prevail. 1. New Hires – Newly hired on employees with the same date, the Company date of hire will randomly assign, in the presence of the Plant Chairperson or designate, each employee have their seniority determined by lottery drawing with a seniority code number, this number will be used in determining each employee’s seniority standingUnion representative present. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 An employee 14.01 Employees shall retain their previous seniority status with their former employer in accordance with Article 14.06, and thereafter seniority is defined as the length of service in the bargaining unit and shall be regarded as used in determining preference or priority for promotions, transfers, demotions, layoffs and recall. Seniority shall operate on a probationary Union-wide basis. 14.02 The Corporation shall maintain a master seniority list showing the date upon which each employee's service commenced and seniority date. The Corporation shall prepare copies of the seniority list which shall be brought up-to-date following each pay period and copies shall be posted to the Corporation’s intranet system and e-mailed to the Union. 14.03 Any newly hired full-time, part-time and casual employees shall be on probation and seniority shall become effective only after an employee until he/she has worked a total of sixty six hundred hours (60600) working days in any twelve (12) month period. After hours and shall then be measured from the completion beginning of the probationary period, . During the employee probationary period employees shall be assigned a seniority date as entitled to all rights and privileges of his/her first day workedthis Agreement, providing seniority has except that he shall not been broken as per Article 11.05grieve with respect to discharge. 11.02 The termination of a probationary employee 14.04 Seniority rights shall be considered cease for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: (a) If he/she is discharged for just cause, retired or voluntarily quits.the employee resigns; (b) If he/she is laid off from the Company for a period of time in excess of twenty After twenty-four (24) consecutive months or his/her total recognized seniority, which ever on layoff; (c) If the employee is greater, with discharged and the Company.discharge is not reversed through the grievance procedure; c(d) If an employee overstays an approved leave of absence or remains away has been absent from work in excess of five (5) working days without permission of management for a period of more than three sufficient cause or without notifying his xxxxxxx, superintendent, or immediate supervisor, unless satisfactory reason is given; (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement de) If he/she an employee is laid off and fails to report return to work within five (5) working days of receiving notification of recall from layoff after being notified by verifiable registered mail to his/her his last known address, or five on the Corporation's records, to report for work and does not give a satisfactory reason; (5) days in accordance with the provisions of Article 12.02 of this Agreement. ef) If he/she accepts other employment while on an employee overstays a leave of absence except with granted by the express permission Corporation in writing and does not secure an extension of such leave, unless a satisfactory reason is given; (g) Seniority shall end as of the Companyend of the month in which the employee retires (i) No employee shall be promoted to a position outside the bargaining unit without his consent. If an employee is promoted to a permanent position outside of the bargaining unit, subsequent to the signing of this agreement, he shall retain his seniority acquired at the time of leaving the bargaining unit for a period of not to exceed six (6) months. Such an employee may only return to the bargaining unit during the six (6) months probationary period for this position, if laid off, terminated from the assignment or through the posting procedure. 11.06 Any (ii) An employee transferred who accepts a temporary posted position outside of the bargaining unit subsequent to the signing of this agreement for reason other than replacing a person who is absent due to illness, as defined in Article 23, shall have such temporary assignment limited to a period not to exceed one (1) year unless mutually agreed otherwise by the Parties. The employee shall return to his former permanent position upon completion of the temporary assignment and shall retain his seniority without any further accumulation from the time he worked outside of the bargaining unit. (iii) An employee may be appointed to a position outside of the Bargaining Unit bargaining unit without a posting, and in such case, the following shall apply: (a) Appointments to temporary unposted non-union positions shall not exceed twenty (20) consecutive shifts, or exceed more than sixty (60) shifts in any calendar year. (b) During the period of appointment, the employee shall continue to remit union dues and will retain and continue to accumulate seniority. (c) During the period of appointment, the Parties agree the initial bargaining unit position will be back-filled by existing bargaining unit members on the basis of seniority and qualifications to perform the work involved. (d) In the event a bargaining unit member is not available to perform this work, or no member of the bargaining unit is willing to perform this work, a casual labour pool employee will be assigned in accordance with the casual labour pool policy. (e) All subsequent vacancies shall be filled in accordance with (c) and (d) above. (f) It is understood that any member of the bargaining unit appointed to a temporary unposted non-union position will not be returned responsible for labour relations or human resources issues involving bargaining unit members. Such matters will be referred to permanent non-union supervisors and managers. (g) It is understood the above conditions come into effect after one (1) shift when a member of the bargaining unit is appointed to a temporary unposted non-union position. 14.06 The seniority date of employees in municipalities, boards or commissions which have been or will be assumed by the Corporation and come within the jurisdiction of this Collective Agreement will be placed in their rightful chronological position on a combined list of employees forming the total seniority list. 14.07 Any regular full-time or part-time employee within the Corporation, who becomes a member of CUPE Local 1287 as the result of a permanent workplace accommodation due to a disability, shall transfer all accumulated seniority and/or credited service with their accrued the Corporation to CUPE Local 1287. 14.08 The following is the process to be used when two (2) or more employees have the same seniority and service to the Bargaining Unitdate.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total (a) Company seniority will commence with the effective day of sixty (60) working days in any twelve (12) month period. After placement on the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05payroll. 11.02 The termination (b) All references in this Agreement to “seniority” will mean Occupational Group Title Seniority, also referred to as Occupational seniority, except where specific reference is made to Company or Pay seniority. (c) Occupational Group Title seniority and Company seniority will begin to accrue from the date of first assignment (e.g. training, orientation, etc…) to a probationary classification within any Title enumerated in Article 11 for a newly hired employee. Pay seniority for a newly hired employee shall be considered for just cause unless will begin to accrue when he is placed on payroll. An incumbent employee who changes Title groups will begin to accrue Occupational and Pay seniority beginning the termination is contrary Saturday prior to the provisions date of first assignment in the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faithnew Title Group. The Company agrees If an employee begins work on a Saturday he will begin to perform evaluations of probationary employees, based accrue Occupational and Pay seniority on the Company’s expectations and concernsthat day. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. cd) If an employee overstays an approved leave is transferred from one station to another, his seniority will not be broken. (e) Occupational Group Title seniority will govern all employees in the case of absence or remains away from promotion, demotion, transfer, retention in case of reduction in force, and reemployment after release due to reduction in force, provided that the employee’s qualifications are sufficient for the conduct of the work without permission in the classification to which he is to be assigned. (f) An employee who, as of management the date of this Agreement, accepts a position with the Company outside of the bargaining unit, and holds seniority, will retain, but not accrue his seniority for a period of more than three not to exceed one hundred and eighty (3180) consecutive working calendar days, he/she will be assumed to have forfeited his/her seniority rights under . An employee can only exercise this Agreement doption once in a two (2) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.year period. This two

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month period. After the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination 23.01 Seniority is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of continuous service in the bargaining unit and service with the Company Employer prior to the certification or recognition of the Union, from the first day latest date of work, providing seniority has not been broken as per article 11.05, and hire. Seniority shall continue to operate on a bargaining unit-wide basis. 23.02 Seniority shall accumulate during layoff in conjunction with serviceall paid leaves of absence and during all unpaid authorized leaves of absence. 11.04 In 23.03 The Employer shall maintain a seniority list for full-time, part-time and casual employees showing the date upon which each employee's service commenced. Where two (2) or more employees commenced work on the same day, seniority shall be in accordance with the date of application for employment and in the event two (2) or more than one employee is hired employees also applied for employment on the same date, seniority shall be determined alphabetically by surname. An up-to-date seniority list shall be emailed to the Company Union in an Excel spreadsheet and posted in January and July of each calendar year. Full-time employees will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a have seniority code number, this number over all part-time employees. Part-time employees will have seniority amongst other part-time employees. Full-time and part-time employees will be used senior to all casual employees. When a part time employee becomes full time, they will receive a full-time seniority date and be moved to the full-time seniority list in determining each employee’s accordance with that new date. If a full time employee reverts back to part time, they will revert back with their original part time seniority standingdate prior to them moving to full time. Vacation entitlements will be calculated as per sub-article 14.13. 11.05 The seniority of an employee 23.04 Seniority shall be considered broken for any one of the following reasonsand services terminated if an employee: (a) If he/she is duly discharged for just cause, retired or by the Employer and not reinstated through the Grievance and Arbitration procedure of this Agreement; (b) voluntarily quits., resigns, or retires; b(c) If he/she is has been laid off from the Company continuously for a period of time in excess of twenty four twelve (2412) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from called back to work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report after layoff and does not return to work within five (5) working calendar days of receiving notification of recall from layoff by verifiable mail a registered letter to his/her the last known addressaddress they gave the Employer, or unless satisfactory reason has been given to the Employer, within the above mentioned five (5) days in accordance with the provisions of Article 12.02 of this Agreement.calendar days; e(d) If he/she accepts other employment while on is absent from work without a written leave of absence except for more than five (5) scheduled days, unless a satisfactory reason is given by the employee; sickness or inability to communicate with the express permission employer shall be considered a satisfactory reason; (e) fails to return to work on the completion of an authorized leave of absence, unless a satisfactory reason is given. 23.05 Seniority shall govern in all cases of promotion, demotion, transfer, layoff, recall of laid off employees, reductions from full-time to part-time, relieving in a higher paid classification, assigning of part-time hours providing the senior employee has the ability and qualifications to perform the normal functions of the Companyjob. 11.06 Any 23.06 The Employer may give consideration for promotion or transfer to applicants who do not possess the required qualifications, but who may reasonably be expected to obtain the required qualifications prior to assuming the position. 23.07 No employee shall be transferred to a position outside the bargaining unit without their consent. If an employee is transferred or promoted outside of the Bargaining Unit bargaining unit, they shall retain their seniority accumulated up to the date of leaving the unit, but will not accumulate any further seniority. At the election of either the Employer or the employee, the employee may request or be returned with required to return to their accrued former position in the bargaining unit, at any time during their trial period, which shall be a maximum of ninety (90) calendar days. 23.08 Part-time and casual employees may lose their seniority and service to be removed from the Bargaining UnitCentral Call-in list if they have worked zero (0) hours for a period of three (3) consecutive months, except if the employee is absent by reason of sickness, accident or authorized leave of absence.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total Seniority, for the purposes of sixty (60) working days in any twelve (12) month period. After the completion of the probationary periodthis Agreement, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status length of unbroken service within the bargaining unit from the date of the employee based upon his/her established length of service with the Company from the employee’s first day of workemployment in a bargaining unit position. All bargaining unit seniority is lost when employment is severed by resignation, providing retirement, failure to return from a leave of absence, failure to return from recall, abandonment, or discharge. Neither lay-off nor the taking of an approved leave, as provided under this Agreement, shall constitute a break in service. A seniority has not been broken list consistent with this Agreement, shall be prepared by the employer within thirty (30) days of the ratification of this Agreement. The seniority list shall be in rank order of the date of the bargaining unit member's first day of work as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 a bargaining unit member. In the event more than one employee is hired individual has the same first day of work as a bargaining unit member, the relative place of such persons on the same seniority list, with respect to that date of work, will be determined by a drawing. The date, place and time of the Company drawing will randomly assignbe provided, in writing, to the presence Union and all affected members one (1) week before the drawing. The drawing will be conducted openly and at a time and place that reasonably allows all interested bargaining unit members, and particularly those affected, to attend. The President of the Plant Chairperson or designateUnion, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized senioritydesignee shall draw for any person unable to be in attendance. All affected bargaining unit members will be notified, which ever is greaterin writing, of the results of the drawing within forty-eight (48) hours of the drawing. The seniority list shall be published (with notation of the certification/approvals then on file with the Company. cEmployer of each bargaining unit member) If an employee overstays an approved leave and posted conspicuously in the area of absence each building reserved for bargaining unit members use by October 15th of each school year. Updates of the list shall be published and posted once a year. A copy of the posted seniority list and all subsequent updates shall be provided to the Union. Errors, omissions and/or deletions in or remains away from work without permission of management for a period of more than three (3) consecutive working daysto the list as posted, he/she will be assumed noted and made as required to have forfeited his/her conform to this Agreement at the request of the Union and notice provided to affected members. All challenges to a seniority rights under this Agreement dlist must be made within ten (10) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission posting of the Company. 11.06 Any employee transferred list. If the challenge results in any corrections, the corrections shall be posted and subject to a position outside another ten (10) day challenge period. The District shall incur no liability for relying upon the accuracy of the Bargaining Unit will not be returned with their accrued seniority list. For seniority and service salary schedule placement purposes, regular teachers or teachers on lay-off status who are substitute teaching with an assignment to the Bargaining Unit.one specific teaching position serving forty-five

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month period. After the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination Seniority is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company Employer in the bargaining unit. For full-time employees seniority shall be calculated from the first day last date of work, providing hire. For part-time employees seniority has not shall be calculated on the basis of 1800 hours paid equals one (1) year. 11.02 The Employer shall maintain a seniority list. An up-to-date seniority list shall be sent to the Union and posted on the Union bulletin board in January and July of each year. 11.03 All new employees will be considered as probationary employees until they have been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with serviceemployed for 450 hours worked. 11.04 No employee shall be transferred to a position outside the bargaining unit without her written consent. An employee who is transferred or promoted to a position outside the bargaining unit shall not accumulate seniority. In the event more than one the employee is hired on returned by the same date, the Company will randomly assign, Employer to a position in the presence bargaining unit within twelve (12) months, he or she shall be credited with the seniority held at the time of transfer and/or promotion and resume accumulation from the Plant Chairperson date of his or designate, each her return to the bargaining unit. An employee with a seniority code number, this number will be used in determining each employee’s seniority standingnot returned to the bargaining unit within twelve (12) months shall forfeit bargaining unit seniority. 11.05 The seniority of an An employee shall be broken lose seniority and shall cease employment for any one of the following reasons: (a) If he/she resignation; (b) retirement; (c) is discharged for just cause, retired or voluntarily quits.cause and not reinstated; b(d) If he/she is laid off absent from the Company work for a period of time in excess three (3) scheduled shifts without notifying the Employer, unless a reasonable explanation is provided to the Employer; (e) fails to return to work within seven (7) calendar days following a recall from layoff after being notified by registered mail to do so. It shall be the employee’s responsibility to notify the Employer of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Companytheir current address. c(f) If an employee overstays has been laid off for a period of eighteen (18) months; (g) engages in gainful employment without the authorization while on an approved leave of absence or remains away from absence; (h) if an unscheduled part-time employee has not been available to work without permission of management for a period of more than three twelve (312) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreementmonths. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee 9.1 The Employer shall establish seniority lists, current as of the effective date of this Agreement. Separate seniority lists shall be regarded as a probationary established for each classification which includes employees covered by this Agreement and each such list shall rank employees in order of highest to lowest seniority within the classification. The Employer shall concurrently post the seniority lists and deliver them to the Union xxxxxxx. Any employee until he/she has worked a total of sixty (60) working days in any twelve (12) month period. After the completion of the probationary Union shall be obligated to notify the Employer of any error in the lists within thirty (30) days of such posting. If no error is reported within this thirty (30) day period, the employee shall be assigned a seniority date list will stand correct as of his/her first day worked, providing seniority has not been broken as per Article 11.05posted. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code9.2 For seniority purposes, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with shall be based on compensated time, exclusive of overtime, computed on the Company basis of 2,080 hours per calendar year and starting from the first day most recent date of workemployment, providing seniority has not been broken as per article 11.05, and shall continue re-employment or appointment to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of classification. Any employee who takes an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an Employer approved non-compensated leave of absence or remains away who is on lay- off status and returns to active employment pursuant to the terms of this Agreement shall be entitled to credit for all seniority accrued as of the time the leave or lay-off commenced. 9.3 Any employee who is covered by this Agreement and who is subsequently promoted or transferred to any position within the Police Department shall retain seniority in their classification. 9.4 Except in those instances where senior employees are not qualified to perform remaining work duties, seniority shall determine the order of lay-off and recall from work without permission lay-off. Lay-off shall be in inverse order of management for seniority within each classification, provided that an employee who is to be laid off and who has previously served in a period of more than three (3) consecutive working days, he/she will be assumed lower or equal pay grade by this Agreement may request to have forfeited his/her exercise seniority rights under this Agreement d) If he/she fails in such classification. Recall from lay-off shall be in order by seniority within each classification, provided that a recalled employee must indicate their intention to report return to work within five fourteen (514) working days of receiving notification notification; failure to respond to recall as herein provided shall result in automatic termination of seniority and employment. Any employee shall remain on the recall from layoff by verifiable mail roster for two (2) years unless they fail to his/her last known addressrespond to recall notification. At the end of said two years, or five (5) days in accordance with the provisions of Article 12.02 of this Agreementall employment and seniority rights shall terminate. e) If he/she accepts other employment while on leave of absence except 9.5 Senior qualified employees shall be given preference with the express permission of the Companyregard to transfers and job classification assignments. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not 9.6 Senior qualified employees shall be returned with their accrued seniority and service to the Bargaining Unitgiven shift assignment preference as vacancies occur.

Appears in 3 contracts

Samples: Labor Agreement, Labor Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 An employee 14.1 Employees working seven (7) or more hours per day on a full time basis will accrue to a maximum two hundred and sixty (260) seniority days per calendar year. Employee’s working less than seven (7) hours per day shall accrue one (1) day of seniority for every seven (7) hours worked to a maximum of two hundred and sixty (260) days per calendar year. Employees working a flexible or compressed work schedule and who work less than five (5) days per week shall accrue five (5) days of seniority (pro- rated) for every week worked to a maximum of two hundred and sixty (260) days per calendar year. The seniority list will be converted to a “days worked list” removing the actual seniority date. The Employee’s start date shall continue to be shown for determining service related entitlements. a) Part-Time Seniority Rating Part time Employees shall be regarded as a considered probationary employee Employees and will have no seniority rights until he/she has they have worked a total of sixty one hundred and twenty (60120) working days in any or accumulated twelve (12) month periodmonths aggregate service with the Employer, whichever occurs first. After The Employer shall have the completion exclusive right to discharge Employees during the probationary period provided the decision to discharge is not made in bad faith, or in an arbitrary or discriminatory manner, or in violation of the Human Rights Code, the Employment Standards Act or other employment related legislation. b) Seniority shall be calculated in the following manner: Part time Employee’s shall accrue one (1) day of seniority for every seven (7) hours worked to a maximum of two hundred and sixty (260) days per calendar year. 14.2 Employees shall be considered probationary Employees and will have no seniority rights until they have worked one hundred and twenty (120) working days or accumulated six (6) months aggregate service with the Employer, whichever occurs first. The Employer shall have the exclusive right to discharge Employees during the probationary period provided the decision to discharge is not made in bad faith, or in an arbitrary or discriminatory manner, or in violation of the Human Rights Code, the Employment Standards Act or other employment related legislation. 14.3 Seniority for the purpose of this Agreement shall be defined as the length of accumulated aggregate service of an Employee in the scope of Local 5167 with the Employer, uninterrupted by either a break or severance of service for any reason. 14.4 For the purposes of the probationary period, absences that interrupt the employee period of active employment may, at the discretion of the Employer, result in the extension of an employee’s probationary period, no greater than the period of absence(s). In such cases the Union and the Employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions informed at least fourteen (14) calendar days in advance of the Ontario Human Rights Code, or if extension. For the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations purpose of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established service credits an Employee's length of service with the Company shall commence and accumulate from the first day date on which they entered the service of work, providing seniority has not been broken the Employer as per article 11.05, and shall continue to accumulate during layoff in conjunction with servicea permanent Employee. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a (a) An Employee's seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee rating and credited service shall be broken for any one of the following reasonssevered by reason of: a(i) If he/she is discharged dismissal for just cause, retired or voluntarily quits.or b(ii) If he/she is laid voluntary resignation, or (iii) failure to report for work within a period of seven (7) calendar days after receipt of written notice to return to work after lay- off, or (iv) a lay-off from the Company extending continuously for a period of time in excess of twenty four ten (2410) months or his/her total recognized senioritymonths, which ever is greater, with the Companyor (v) absence without leave without sufficient reason. c(b) If an employee overstays an approved An Employee’s seniority rating shall be deemed frozen by reason of: (i) A lay-off extending beyond one month, or (ii) A transfer/posting into a managerial position or a non-union position outside the bargaining unit, or (iii) Any unpaid leave of absence period other than those defined by this Collective Agreement, legislated by the Employment Standards or remains away Employment Insurance Act. 14.6 The seniority list shall be posted in each workplace as early as practicable but no later than September 1st of each calendar year. The Union has thirty (30) calendar days from work without permission September 1st to challenge this list. The seniority list shall include the Employee's name, start date, days worked, Employee number, classification, position title and wage grade. For the purposes of management for layoff and bumping, the seniority list used shall be a period current list generated by Human Resources within one (1) week of more than three (3) consecutive working daysthe date of notice. 14.7 Employees with the same days worked shall have their seniority determined by lottery, he/she as administered by the Union. Once seniority status has been established through the lottery it will be assumed maintained accordingly. If an Employee’s seniority is adjusted due to have forfeited his/her any of the reasons listed in 14.5 (b) and that adjustment results in them having the same seniority rights under this Agreement d) If he/she fails to report to work within five (5) working date as one or more other Employees they shall be listed at the top of the group that shares the same days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreementworked. e) If he/she accepts other employment while on leave 14.8 The Union will be notified of absence except with all new Employees, their start date, department, Employee number, position title and classification. In addition, the express permission Employer will notify the Union upon an Employee's successful completion of the Companytheir probationary period. 11.06 Any employee transferred 14.9 No seniority will be lost as a result of taking courses related to a position outside an Employee’s job and falling within the Employer’s tuition reimbursement policy. 14.10 Once established, an Employee’s seniority ranking shall be used in the determination of the Bargaining Unit will not be returned with their accrued all seniority and service to the Bargaining Unitbased issues.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee A. No later than 30 days following the ratification of this agreement, and by every September 30 thereafter, the Board shall prepare a seniority list. Seniority is defined as continuous service within the bargaining unit. All teachers shall be regarded ranked on the list in the order of their effective date of employment (meaning the first day they actually worked). In the circumstance of more than one individual having the same effective date of employment, all individuals will be ranked, first by their degree, i.e. BA, MA, EDS, etc., next according to the number of college semester credits they have accrued. B. The seniority list shall be published and posted conspicuously in all buildings of the district by October 15 of each school year. Revisions and updates of the seniority list shall also be published and posted as they are made. A copy of the seniority list and subsequent revisions and updates shall be forwarded to the Association. C. A teacher shall lose seniority rights if he/she retires, resigns, is discharged, or leaves the bargaining unit. D. A tenured teacher who is promoted or assigned to a probationary employee until supervisory or administrative position and is subsequently returned to a position in the Association, upon his/her return to the Association a tenured teacher will be restored to the contract rights which he/she would have achieved if he/she had remained in the Association providing he/she has worked a total of sixty (60) working days been continuously in any twelve (12) month period. After the completion employ of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faithBoard. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined accrue for the teachers on various forms of leave as determined by the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) E. Laid off teachers who have collected unemployment during the summer months or school breaks and are recalled to Alba Public Schools will be required to pay the district the collected unemployment benefit. F. If he/she accepts other employment while on leave of absence except the Board commences annexation or consolidation procedures, the union will be notified in advance and the Board will discuss procedures for such a merger with the express permission of the Companyunion. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

SENIORITY. 11.01 An 12.01 Subject to 12.07 (a), seniority is based upon the length of continuous employment with the Employer since the last date of hire but adjusted to recognize any periods of leave of absence in which seniority was maintained but did not accumulate. 12.02 Seniority lists showing each employee’s name, job classification, date of employment, and amount of seniority shall be posted in each of the Employer's locations in which employees work on March 31st and September 30th of each year. Written complaints concerning the accuracy of such lists shall be considered within thirty (30) days of the posting and, if no complaint is received within that time, it shall be deemed to be accurate and such lists will then be sent to the Association. (a) The probationary period referenced in Article 3.05 may be extended by agreement of the Employer, the Association and the employee concerned. It is expressly understood by both parties that during the probationary period an employee shall be regarded considered as being employed on a trial basis and may be discharged at any time at the sole discretion of the Employer. The discharge of a probationary employee shall not be the subject of a grievance and/or arbitration pursuant to this Agreement. On successful completion of the probationary period an employee shall be placed on the seniority list and her seniority shall date from the date of last hire in accordance with clause 12.01 above. Employees acquiring seniority on the same date shall be added to the appropriate position on the seniority list by the "flip of a coin" or a mutually agreed equally random system, in the presence of the employees affected and a Union Representative. (b) Where any employee who has completed their probationary period, changes job classification on a permanent basis, the Employer or employee will have ninety (90) calendar days from the date of hire in a new position, to determine if the new position is suitable. Within such a trial period, if either the Employer or the employee determines that the position is not suitable, the employee shall have the right to revert back to her former position. (c) Where any employee has not yet completed their probationary period prior to a change in job classification, their probationary period shall continue in the new position until he/the completion of such probationary period as set out in 12.03 (a) above and such terms and conditions as set out in 12.03 (b) above shall apply. (d) Employees hired, promoted or transferred to backfill for employees as stated above, will be deemed to be temporarily in such positions for the duration of the ninety (90) day familiarization period with the same rights and privileges outlined in Article 12.03 (b) and (c) above. 12.04 Seniority for part-time employees shall accumulate in accordance with the number of hours worked since the last date of hire, such that one thousand five hundred (1500) hours worked is equivalent to one (1) year of seniority. 12.05 Seniority and service as calculated in accordance with 12.04 shall be retained and transferred by an employee when she has worked elects to transfer from full-time to part-time and vice versa. 12.06 Temporary employees have no seniority rights under this Agreement. (a) Seniority for a total temporary employee who is subsequently hired as a permanent employee shall date from the date of sixty last hire as a temporary employee provided there is no break in service with the Employer. It is understood that all hours of work from date of last hire as a temporary employee shall count towards the employee's probationary period. (60b) working days Any temporary employee with more than six (6) months break in service shall be treated as a new hire. (a) Subject to 12.09 seniority shall be retained and accumulated when an employee is absent from work under the following circumstances: i) approved leave of absence with pay; ii) approved leave of absence without pay up to two (2) continuous months in any one (1) year; iii) when in receipt of Workplace Safety and Insurance Board (WSIB) benefits as a result of injury or illness received while in the employment of the Employer; iv) when in receipt of Short Term Disability Benefits as set out herein; v) while on LTD; vi) while on pregnancy and parental leave. (b) Subject to 12.09 seniority shall be retained but not accumulated when an employee is absent from work under the following circumstances: i) with the exception of pregnancy and parental leave an approved leave of absence without pay for periods in excess of two (2) continuous months in any twelve (12) month period. After ; ii) when in receipt of Workplace Safety & Insurance Board (WSIB) benefits as the completion result of an illness or injury received while in the employ of another or former Employer; iii) when an employee has been laid off due to reduction in the nursing staff, seniority shall be retained for a period of fifteen (15) months. 12.09 An employee's seniority shall be forfeited and her employment shall be deemed to be terminated under the following conditions: (a) she voluntarily resigns or quits; (b) she retires; (c) she is discharged and not reinstated through the grievance procedure; (d) she is laid off for a period of fifteen (15) consecutive months; (e) she is absent from work for a period in excess of three (3) consecutive scheduled working days without notifying the Employer unless a reason satisfactory to the Employer is given; (f) she fails to comply with a recall to work notice as outlined in paragraph 12.15; (g) she uses a leave of absence for a purpose other than that for which it was granted; or fails to return to work at the expiration of a leave of absence without justifiable excuse; (h) she is absent from work for more than twenty-four (24) months due to accident or illness, subject to any requirements of the probationary period, the employee law. (a) The term "vacancy" as used in this Agreement shall be assigned a seniority date defined as any job opening of his/her first day workedmore than thirty (30) working days duration except that vacancies of more than thirty (30) working days caused by employees being on vacation, providing seniority has not been broken as per Article 11.05. 11.02 The termination on compensable or non-compensable illness or accident or on an approved leave of a probationary employee absence shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faithtemporary. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority term “work assignment” shall be defined as the status specific duties or tasks assigned to the employee by the Employer. The initial vacancy caused by Pregnancy and Parental leave will be posted. The successful applicant, if an employee of the employee based upon his/her established length Health Unit, will return to their assignment when the leave is finished. (b) The Employer may fill at its discretion a vacancy of service thirty (30) days or less or a temporary vacancy, or temporarily fill a permanent position. Part-time employees shall be given every consideration in filling a temporary vacancy or to temporarily fill a vacant permanent position. (c) When a vacancy, other than a temporary vacancy occurs which comes within the scope of this Agreement and which the Employer wishes to fill, the Employer shall notify employees via email with an electronic copy of the Company from posting at least seven (7) working days prior to the first day Employer making a permanent appointment to such position. The posting will indicate that the position is a position of workPublic Health Nurse or Registered Nurse; the current office, providing seniority has not been broken as per article 11.05the current work assignment, if known, and status information (i.e. full or part-time). A copy of such notice shall continue be sent to accumulate during layoff in conjunction with servicethe Local Association. 11.04 (d) The term “transfer” as used in this Agreement shall be defined as a move for an existing employee from part-time to full time, full-time to part-time, temporary to permanent. Employees may submit in writing, a letter outlining their interest in such transfers. This letter will remain on file for one (1) year and will be considered as an application for a vacancy as defined in Article 12.10 (a). (e) In selecting an employee for transfer within the event more than one employee is hired on the same dateBargaining Unit, the Company Employer shall consider: i) skill, ability, qualifications and experience, ii) seniority Where the qualifications of factor (i) are relatively equal, then factor (ii) shall govern. (f) The Employer will randomly assign, in copy all postings and the presence names of successful applicants to the Bargaining Unit President. The Employer shall post the names of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing.successful applicants 11.05 The seniority of an employee shall be broken for any one (g) When the Employer becomes aware of the following reasons: a) If he/she is discharged need for just cause, retired or voluntarily quits. b) If he/she is laid off from work assignment changes within the Company for bargaining unit that are of a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period duration of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.thirty

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 An A. Active Seniority B. Inactive Seniority 1. Inactive seniority as transportation, a secretarial, a clerical, or a paraprofessional employee shall is defined as the amount of time accrued between the seniority dates of the former position and the new position. At the time the employee switches classifications his/her seniority must be regarded as frozen. Furthermore, in order to be effective, employment in CESPA must be continuous. (See Article XII, C.) Inactive seniority only counts for layoff and recall. 2. In the event that an employee bumps back into a probationary employee until classification in which he/she has worked a total holds inactive seniority, his/her active seniority date will be adjusted to reflect the banked inactive seniority. C. Approved leaves of sixty (60) working days in any absence for medical, military service, or union business of up to twelve (12) month periodmonths shall not interrupt continuous service. After the completion of the probationary period, the The date upon which an employee completes probation shall be assigned a seniority date established as of his/her first day worked, providing seniority has not been broken as per Article 11.05date. 11.02 The termination D. In September of each year, the Board shall publish and distribute to each bargaining unit member a probationary employee copy of the complete seniority list for the members of the bargaining unit. Such list will contain classification seniority and will be prepared by the Administration and Association. E. In the event that more than one individual has the same seniority date, the individual shall be considered for just cause unless placed on the termination is contrary to seniority list based upon the provisions highest last four digits of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faithemployee’s social security number. The Company agrees employee who has the highest last four digits shall be placed as the more senior. The now established seniority rank among groups previously identified as having equal claim to perform evaluations of probationary employeesa position shall be used to determine promotions, based on the Company’s expectations layoffs, transfers, and concernsrecalls. 11.03 F. Employees who leave the bargaining unit to accept other positions in the District shall lose all seniority. Seniority shall also be defined as the status of the lost if an employee based upon xxxxxx his/her established length of service employment with the Company from the first day of workDistrict, providing seniority has not been broken as per article 11.05is discharged, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or abandons his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management being absent for a period of more than three (3) consecutive working daysdays without notifying the employer, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days is convicted of receiving notification of recall from layoff by verifiable mail to his/her last known addressa felony, retires or five (5) days in accordance with the provisions of Article 12.02 of this Agreementdies. e) If he/she accepts other employment while G. An employee on an authorized leave of absence except with the express permission of the Companyfor twelve (12) months or more for reasons other than medical, military or union business will freeze his seniority. No more will accrue. An employee on unpaid leave less than twelve (12) months will not accrue seniority and upon return, will have their seniority date adjusted N-15. 11.06 Any H. Employees who work simultaneously in more than one classification within this unit shall gain seniority in all classifications in which the employee transferred to is working. I. Current employees classified as Secretarial/Clerk employees, as of August 30, 1999 shall remain on a single seniority list. For employees initially hired as secretaries or clerks after August 30, 1999, seniority shall only lie in the classification into which they were hired, until such time as they may transfer into another position outside of the Bargaining Unit will not be returned with their accrued seniority per B1 and service to the Bargaining UnitB2 above.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

SENIORITY. 11.01 An Section 7.1 The date of hire as a full time employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month period. After the completion of deciding factor for seniority within the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations bargaining unit and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff “time in conjunction with service. 11.04 A. In the event that two (2) or more than one employee is hired employees have the same date of hire, the employee’s position on the same date, hiring eligibility list based on the Company will randomly assign, in cumulative test score at the presence time of hire shall be the determining factor. The employee with the highest cumulative test score of the Plant Chairperson or designate, each employee with a tied employees shall have seniority code number, this number will over the lower scorer(s). This method of tie- breaking shall only be used in determining each employee’s seniority standingthe event of a tie of the original successful completion of probation date of hire. Hiring test scores shall carry no other weight regarding seniority. 11.05 The B. In the event two (2) or more employees have the same date of hire and same test score as stated in Subsection A, the determining factor in seniority of an employee shall be broken the employee who chooses the highest card from a deck of playing cards. Both employees shall be present when the cards are chosen. Both employees shall have a deck of cards to choose from simultaneously. Section 7.2 The date of promotion to a higher pay grade shall be the deciding factor for any one seniority within the pay grade and shall be defined as “time in grade”. A. The effective date of the following reasons: aCity’s Personnel Action Form (PAF) If he/she is discharged for just cause, retired or voluntarily quitsshall be the date of promotion. bB. In the event two (2) If he/she is laid off from or more members have the Company same date of promotion, the member’s position on the eligibility list specified in Section 8.3, Subsection 6, shall be the determining factor for a period of time in excess grade. C. In the event two (2) or more employees have the same date of twenty four promotion and same test score as stated in Subsection B, the determining factor in seniority shall be the candidate who chooses the highest card from a deck of playing cards. Both candidates shall be present when the cards are chosen. Both candidates shall be given a deck of cards to simultaneously select a card. Section 7.3 A seniority list reflecting the date of hire and the date of last promotion (24where applicable) months shall be established and updated annually by the Fire Chief or his/her total recognized senioritydesignee. When the list is updated annually, which ever is greater, with a hard or electronic copy shall be provided to all bargaining unit employees. If no bargaining unit employee or the Company. cUnion protests seniority listed that affects a particular employee within thirty (30) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification such posting, the seniority list shall stand as conclusive evidence of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with each person’s seniority until the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission establishment of the Companynext annual seniority list. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 6.1 An employee will be considered on probation until the employee has worked for 640 hours. However, the probationary period may be extended up to a maximum of 160 hours. In cases where a probationary period is extended, the Employer will notify the Guild and the employee in writing. 6.2 Upon completion of such probationary period, the employee’s name shall be placed on the appropriate seniority list. 6.3 The Employer may discharge a probationary employee if the employee is not satisfactory, a determination that is in the sole discretion of the Employer. The Employer’s decision to dismiss the employee shall not be made in bad faith. 6.4 No employee who has completed the employee’s probationary period may be disciplined or dismissed except for just cause. An employee who at the time of dismissal has not completed the probationary period, shall not have, or be deemed to have, this right. 6.5 Seniority means the length of continuous service with the Employer since the date of last hiring. Full‐time employees shall accrue seniority from date of hire. Seniority for part‐time employees shall be based on hours and shall be listed on a separate seniority list. 6.6 An employee shall lose all seniority and shall be regarded as a probationary employee until he/she has worked a total deemed to have terminated employment with the Employer if the employee: (a) voluntarily quits the employ of sixty the Employer; or (60b) is discharged and such discharge is not reversed through the Grievance Procedure; or (c) is absent for five (5) consecutive working days in any unless a reason satisfactory to the Employer is given; or (d) fails to return to work upon termination of an authorized leave of absence unless a reason satisfactory to the Employer is given; or (e) is absent due to layoff more than twelve (12) month period. After consecutive months; or (f) fails to notify the completion Employer of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken intention to report for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than within three (3) consecutive working daysdays from the date of delivery by courier dispatch of a notice of recall to the employee, he/she will be assumed unless a reason satisfactory to have forfeited his/her seniority rights under this Agreementthe Employer is given; or d(g) If he/she fails to report to work after being recalled from lay‐off within five two (52) working days weeks from the date of receiving notification delivery by courier dispatch of a notice of recall from layoff by verifiable mail to his/her last known addressthe employee, or five unless a reason satisfactory to the Employer is given. (5h) days in accordance Notwithstanding the above, an employee who has left the employ of the Employer and is rehired shall be credited with previous seniority with the provisions Employer for the purpose of Article 12.02 of this Agreementvacation entitlement only. e) If he/she accepts other employment while on leave 6.7 It shall be the responsibility of absence except with an employee to keep the express permission Employer advised, in writing, of the Company. 11.06 Any employee transferred employee’s current address. The Employer shall be deemed to a position outside have given an individual on layoff notice of the Bargaining Unit will not be returned with their accrued seniority and service recall by sending notice of recall by registered mail or courier to the Bargaining Unitlast address supplied by the employee.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee A. In layoffs, rehiring and reduction ofhours, the principle of seniority shall apply. Seniority shall be regarded as a probationary employee until he/she has worked a total determined on the length of sixty (60) working days in any twelve (12) month period. After the completion service of the probationary periodemployee with regard to his experience and ability to perform the work. All circum­ stances being reasonably equal, length of ser­ vice shall be the controlling factor. In the matter of promotions or transfers from one type of work to the other, or from one store to the other, the employee Employer shall give due regard to seniority. Agreed upon seniority lists shall be assigned a seniority date as of his/her first day workedestablished and maintained, providing seniority has not been broken as per Article 11.05and such records shall be available to the Union at all times, one list for full-time employees and another for part-time employees. 11.02 The termination of a probationary employee B. Seniority shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or broken if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one jJ / an employee is hired on duly discharged by the same dateEmployer, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or —j r " if he voluntarily quits. b) If he/she is , if he has been laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management OS continuously for a period of more than three six (36) consecutive working daysmonths, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report or if he is called back to work after a layoff and does not report for work within five one (51) working days week. C. The above mentioned full time seniority list shall apply in each city or town and is not transferable or accumulative, except as accumulative for work performed in the same town. The above mentioned part time seniority list shall apply in each store and is not trans­ ferable or accumulative except where the Em­ ployer finds it necessary to transfer a part time employee to another store in the same city, his seniority date will not be changed by such transfer. D. A part time employee shall not accumu­ late seniority over a full time employee. A part time employee whose principal occupation is attending school shall not accumulate seniority over a regular employee (by Employer defini­ tion). When a part time employee becomes a full time employee, he shall be placed on the full time seniority list and his seniority date on the full time seniority list shall be the date that he becomes full time. When .a full time employee is reduced to part time, he shall be placed on the part time seniority list and his date on the part time seniority list shall be his last date of receiving notification hire. This provision shall not change the seniority date of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with any employee on the provisions full time seniority list as of Article 12.02 the effective date of this Agreement. e) If he/she accepts other employment while on leave of absence except E. Where the hours are available in the store regular part time employees will be given the part time schedules with the express permission greater number of hours by seniority. Part time employees will be given the Companyremaining schedules of hours by seniority (excluding students). 11.06 Any F. In the case of a store closing or a burn­ out, employees may exercise their seniority to displace the least senior employee transferred in their classification in the city (in case of multi­ store towns) but if not a multi-store town then in the bargaining unit. It is understood should an employee in a multi-store town be displaced but have seniority in the bargaining unit, he may displace the least senior employee in his classi­ fication. G. The Employer will provide the Union with a seniority list each January including seniority date and length of service. H. Employees shall be reclassified to full time upon working forty (40) hours per week (thirty* two (32) hours in a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.holiday week) for twelve

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 An employee (a) A Regular Employee's seniority date shall be regarded the date on which a Regular Employee's continuous service in the employ of the Centre commenced within the bargaining unit, including all prior periods of service as a probationary employee until he/she has worked Casual, Temporary or Regular Employee contiguous to present regular employment. (b) An Employee who applies for and is successful at being appointed to a position within the same Xxxxxxx Care Society Centre but in another AUPE bargaining unit or at another Xxxxxxx Care Society Care Centre in another AUPE bargaining unit shall, effective the date of the appointment, transfer or promotion, have their seniority date adjusted to the date the Employee commenced at the Centre. The Employee’s total years of sixty service with Xxxxxxx Care Society recognized for the purposes of all wages, benefits and entitlements in the Collective Agreement. If an Employee returns to their original Centre or bargaining unit, their seniority date shall be adjusted to reflect the seniority earned prior to their departure. (60c) working days An Employee who applies for and is successful at being appointed to a new classification shall, effective the date of the appointment, transfer or promotion, have their seniority date adjusted to the date the Employee commenced in any twelve (12) month periodthe new classification. After The Employee’s total years of service with Xxxxxxx Care Society recognized for the completion purposes of all wages, benefits and entitlements in the Collective Agreement. If an Employee returns to their original classification, their seniority date shall be adjusted to reflect the seniority earned prior to their departure. 11.02 Seniority shall not apply during the probationary period; however, once the employee probationary period has been completed, seniority shall be assigned a credited from the seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary established pursuant to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concernsClause 11.01. 11.03 Seniority shall be defined considered in determining: (a) preference of vacation time as specified in Article 26: Annual Vacation; (b) layoffs and recalls, subject to the status provisions specified in Article 35: Xxxxxx and Xxxxxx; (i) promotions and transfers and in filling vacancies within the bargaining unit subject to the provisions specified in Article 14: Recruitment and Selection -Appointments, Transfers and Promotions; and (ii) shall include short-term movement from one place (neighbourhood or unit) to another place (neighbourhood or unit) in the Centre; (d) the selection of available rotations by Employees on a unit affected by a new master rotation; (e) the employee based distribution and allocation of available additional shifts / "pick up shifts" / hours of work for Part-Time and Casual Employee as specified in Clause 15.16. 11.04 Seniority shall be considered broken, all rights forfeited, and there shall be no obligation to rehire: (a) when the employment relationship is terminated by either the Employer or the Regular Employee; (b) upon his/her established length the expiry of service with twelve (12) months following the Company from date of layoff, if during which time the first day of work, providing seniority Regular Employee has not been broken recalled to work; (c) if a Regular Employee does not return to work on recall, as per article 11.05, and shall continue to accumulate during layoff provided in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence Clause 35.07. A Regular Employee filling a temporary position/ assignment retains all rights of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standingRegular Employee. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than Within three (3) consecutive working daysmonths of the signing date of this Collective Agreement the Employer will provide to the designated Union representative, he/she a seniority list containing the name and seniority date of each Regular Employee in the bargaining unit in chronological order. The designated Union representative shall be responsible for the posting of the seniority list on the bulletin board(s). The seniority list will be assumed updated by the Employer and provided to have forfeited his/her seniority rights under this Agreement dthe designated Union representative not less frequently than every six (6) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Companymonths thereafter. 11.06 Any employee transferred The Union shall have thirty (30) calendar days in which to take issue with the seniority list, otherwise the seniority list will be deemed to be correct. Should a position outside difference arise regarding an Employee's seniority, the Employer will provide the Union with the information necessary to establish accurate seniority. 11.07 In the event seniority dates are the same, any disputes arising between two (2) Employees with the same date as they relate to layoffs and recall shall be resolved by a coin toss. If the dispute involves three (3) or more Employees with the same seniority date, then numbered cards will be used to determine the order of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unitseniority.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 An (a) The rules of this Agreement respecting seniority rights are designed to give employees an equitable measure of security based on their length of continuous service in the bargaining unit in which they are employed. (b) Seniority of each employee covered by this Agreement shall be regarded as established after a probationary employee until he/she has worked a total period of sixty ninety (6090) working calendar days in within any twelve (12) month periodperiod and shall count from date of employment. After Probationary periods may be extended by mutual agreement between the completion Company and the Union. (c) The word “seniority” as used in this Agreement shall mean the length of an employee’s service with the probationary period, Company measured from the employee shall be assigned a seniority date as of his/her employee’s first day worked, providing of work unless such employee’s seniority has not been is hereafter broken as per Article 11.05under the terms of this Article. 11.02 A seniority employee shall continue to accrue seniority except as otherwise provided in this agreement. (a) Days of training and/or orientation consisting of four (4) hours or more will be credited as full “work” days toward acquiring seniority. (b) The termination of a probationary employee shall will not be considered for just cause subject to the grievance or arbitration procedure contained in this agreement unless the termination is contrary to the provisions constitutes a violation of the Ontario Human Rights Code, Code or if it is proven the termination is arbitrary, discriminatory, or Company acted in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as (c) In the status of the employee based upon his/her established length of service with event a probationary employee’s performance is unsatisfactory the Company from will make available to the first day of workUnion, providing seniority has not been broken as per article 11.05the employee’s performance evaluation, and shall continue prior to accumulate during layoff in conjunction with serviceor discipline. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number Seniority will be used in determining each lost and employment will be terminated if an employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: (a) If he/she is discharged for just causeQuits, retired resigns or voluntarily quits.retires; (b) If he/she is laid off from Fails to report for work or fails to notify the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, days without supplying a reason satisfactory for such failure; he/she will be assumed to have forfeited his/her seniority rights under this Agreement. (See Guidelines) (c) With less than one (1) year of seniority is laid off and not recalled or doesn’t return from a sick leave of absence for a period of twelve (12) months or in the case of an employee with one (1) or more years of seniority thirty-six (36) months; (d) If he/she the employee fails to report to for work in accordance with a notice of recall, or within five (5) working days of receiving notification registered mailing date of recall from layoff by verifiable mail such notice, whichever is later, unless a satisfactory reason is given; (e) Is discharged and not reinstated pursuant to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 the grievance and/or arbitration procedures contained herein; (f) Overstays a leave of this Agreementabsence granted by the Company without notifying the Company and without supplying a reason satisfactory for such failure. e(g) If he/she accepts other Engages in gainful employment while on an unauthorized leave or sick leave of absence except with the express permission of from the Company. 11.05 Employees will be assigned a seniority date effective on the date of their offer of full time employment. (a) Should 2 or more employees be offered full time employment on the same date, the employee who was first hired as a Casual employee shall be given the preference of the higher position on the seniority list. (b) Should 2 or more employees be offered full time employment on the same date, and 2 or more were also hired as Casual employees on the same date, the Union shall conduct a lottery to determine their relative position on the seniority list. 11.06 Any The appointment, selection or promotion of any employee transferred to a position outside not subject to the provisions of this Agreement is not covered by this Agreement. If a seniority employee is appointed, selected or promoted to a position which is not subject to the provisions of this Agreement and is transferred back to a position within the bargaining unit within three (3) months, such employee will return to the bargaining unit with adjusted seniority which that employee had at the time of his/her appointment, selection or promotion. 11.07 The Company will maintain and post an updated plant-wide seniority list on a monthly basis. Such lists shall show employees' job classifications. Copies of such lists shall be provided to the Plant Chairperson. The Company will supply the Plant Committee with the following information upon request: (a) employees who acquire seniority; (b) employees by classification; (c) employees transferred into or out of the Bargaining Unit bargaining unit; (d) employees laid off or recalled; (e) employees who have lost seniority; (f) employees who are discharged; 11.08 The Company will not be returned with their accrued seniority and service provide to the Bargaining UnitPlant Chairperson on a quarterly basis, names, addresses and phone numbers on file of all employees. 11.09 It shall be the responsibility of the employee to notify the Company promptly in writing of any change of name, address or phone number.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 An 10.01 - Employees shall be known as: (i) Regular Employee - a regular employee being one whom the Corporation expects will work the year round. (ii) The use of the word “regular” shall not constitute a guarantee of year round employment. (iii) A newly hired regular employee must complete a probationary period of sixty (60) working regular days or four hundred and eighty (480) regular working hours within a period of six (6) consecutive months, and then he will be credited with regular seniority. During the regular probationary period, each employee shall be regarded known as a probationary employee until he/she has worked who may not grieve regarding discharge provided that at the request of the Union, a meeting will be held with the Union to discuss the discharge. Upon satisfactory completion of his probationary period, his seniority date will be his hire date. (iv) A casual employee becomes a regular employee by working a total of one hundred and eighty (180) regular days or fourteen hundred and forty (1440) hours within any twelve (12) consecutive months. (i) A casual employee is an employee who is not a regular employee. (ii) A newly hired casual employee must complete a probationary period of sixty (60) regular working days or four hundred and eighty (480) regular working hours within a period of six (6) consecutive months of which overtime is not included and then he will be credited with casual seniority. (iii) Casual employees will be required to complete an initial probationary period of sixty (60) working days in any twelve the first year of employment and complete a probationary period of thirty (1230) month periodworking days for each subsequent year of employment. After During the completion of the casual probationary period, the employee may not grieve regarding discharge, provided that, at the request of the Union, a meeting will be held with the Union to discuss the discharge (iv) Casual employees with ten (10) or more years of service shall not be assigned subject to further probationary periods as a Casual.. (v) In no case shall a casual employee exercise seniority date as of his/her first day workedagainst a regular employee, providing seniority has but if a vacancy for a regular employee is not been broken as per Article 11.05. 11.02 The termination of filled by another regular employee, a probationary casual employee who applies shall be considered for just cause unless the termination before a new employee is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concernshired. 11.03 Seniority shall be (c) Regular seniority is defined as the status of the employee based upon his/her established an employee's length of continuous service with the Company from the first day Corporation since becoming a regular employee, including absences for sick leave, authorized leaves of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known addressabsence, or five (5) days as otherwise provided in accordance with the provisions of Article 12.02 of this Agreement. (d) In recognition of the fact that casual employees frequently lose their casual seniority date as a result of lay-offs exceeding six (6) consecutive months, if the Corporation is going to re-call them they will be re-called based upon their original year of hire. Absence during probationary periods will not adversely affect the casuals beyond the original year of hire (i.e.) employee hired first in 1990 could drop to last in 1990 by reason of absences, but would not drop to 1991. Casual employees absent due to a compensable injury shall be credited with seniority for those days they would have been scheduled to work. The Corporation agrees to meet annually with the Union prior to recall of casuals, to discuss placement of the top twelve (12) senior casuals. (e) If he/she accepts other employment while A casual employee who becomes a regular employee shall have seniority only from the date of commencing work as a regular employee, but if such an employee reverts to the status of casual employee, his original casual seniority date shall be restored. No additional probationary period shall be required on leave transfer from casual to regular status, but any unfilled portion of absence except the probationary period must be completed satisfactorily. (f) The Corporation shall prepare two (2) seniority lists, one (1) for regular employees and one (1) for casual employees. These lists shall be brought up to date as at May 15, and October 15th of each year, and copies shall be posted and copies mailed to the Union. At any time during office hours, up-to- date seniority information shall be available to the Union Stewards on application to the Division Head. (g) A written complaint must be lodged with the express permission Corporation within thirty (30) days of the Companyposting of the seniority list. The complaint must explain all details relating to the problem. If a complaint is not lodged within thirty (30) days, the date established, shall be deemed correct and reliable, (no complaint will be accepted). 11.06 Any (h) Casual employees are prohibited from taking a voluntary lay-off. (a) It is understood that all the following seniority rights are designed to give to each employee transferred according to a position outside his seniority with the Corporation an equitable measure of job choice and job security consistent with the efficient operation of the Bargaining Unit will business. (b) Seniority shall not be returned with their accrued seniority and service operate to the Bargaining Unitprovide job preference within a classification, but shall operate to permit an employee to remain within his department.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee A. Seniority for the purpose of this contract shall be regarded cal­ culated by continuous service from the last date of employment (except as otherwise provided). Seniority list for all full time employees and a probationary employee until he/she has worked separate list for all part time employees shall be set up by the Employer and shall be furnished to the Union upon request. Seniority areas governing this Agreement are outlined in Exhibit “ C,” attached hereto and made a total part here­ of. Seniority shall prevail in the following instances in the man­ ner as listed hereafter. B. The Employer agrees to give a week’s notice or a week’s pay in lieu of sixty a week’s notice to full time employees with six (606) working days in any months’ service and three (3) days’ notice or three (3) days’ pay to part time employees with twelve (12) month periodmonths’ service who are laid off due to lack of work. After All employees like­ wise shall give a week’s notice prior to intended resignation. It is mutually agreed that after termination notice has been given by either party, no new request for sick benefits shall be granted. C. Employees laid off due to the completion store ylo^jng. or reduction of employment shall be laid SJF'by'wder of the probationary periodmost recent hired and shall be rehired in the reversed order of the layoff, with due consideration given job classification. Employees laid off and subsequently recalled within six (6) months will retain former seniority. Employer agrees to go beyond the seniority areas in the case of full time layoffs in distressed areas. How­ ever, Employer will decide what store to transfer the employee to. There shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05no bumping by seniority. 11.02 The termination 1. Full time employees to be laid off shall have option of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05part time employment, and shall continue be placed at the top of the part time seniority list, or may take a complete layoff. They shall have right of recall on any full time opening, provided they can do the work. Effective August 1, 1964 full time em­ 1. This Agreement shall not be construed as restricting paloyees reduced from full time to accumulate during layoff in conjunction with servicepart time through no fault of sales representative from inspecting any and all merchandise of his respective company for spoilage or replacement, nor shall it apply to initial special displays unless they have a tendency to become constant or too often. 11.04 C. The Employer further agrees that if the Employer should establish a new store or stores within the jurisdiction of the Union as set forth in Exhibit “ B” this Agreement shall ap­ ply to such new store or stores. In the event more than one employee is hired on the same dateEmployer en­ gages in department or discount type stores, then the Company will randomly assign, in Employer and the presence of Union shall negotiate as to the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standingterms for wages and hours for such employees. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company 1. their own will retain Blue Cross and Blue Shield coverage for a period of time in excess of twenty four six (246) months or his/her total recognized seniority, which ever is greater, with months. The Employer will pay the Companymonthly composite rate as certified by the Trustees to the “ Fund” for this coverage. c) If 2. The Employer shall combine existing part time assign­ ments on a seniority basis, unless such hours duplicate each other, providing the employee can do the work, so as to pro­ vide the maximum part time employment per individual within the definition of part time employment, and further to create as many full time positions as possible. D. The Employer recognizes the principle of seniority as being one in which the movement of an employee overstays from one job In the event an approved leave of absence Employer member in the future engagetso another or remains away from work without permission of management for jjne location to another through promotion, in a period of more than three (3) consecutive working daysdepartment or discount type store, he/she will commonly known as a general merchandise store, and an agreement between the Un­ ion and the Employer cannot be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known addressconcluded, or five (5) days in accordance with then the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will o f Section 19, “ No Strike - No Lockout” shall not be returned with their accrued seniority binding upon the Union and service to the Bargaining UnitEmployer.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month period. After the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred 4.01 A Team Member who transfers to a position outside of the Bargaining Unit bargaining unit shall continue to accumulate Company seniority, but will not be returned with their accrued continue to accumulate seniority and service for the purposes of layoff if ever he/she returns to the Bargaining Unitbargaining unit. Upon return, layoff seniority would be as of the day they left the bargaining unit. 4.02 Seniority may be exercised only in the location where the Team Member is currently employed. If a Team Member is transferred to another location by the Employer, his seniority shall be continued without interruption. 4.03 Team Members shall serve a probationary period of three (3) calendar months. Seniority becomes effective when a Team Member completes the probationary period and then shall date from the first day of service. 4.04 Seniority shall be determined by the total period of a Team Member’s service including vacations, authorized leave, sick leave and layoffs lasting less than one (1) year, except as follows: (a) If a Team Member is absent for more than seven (7) days without permission, or (b) If a Team Member fails to report to the Employer every thirty (30) days when off duty to sickness or injury, or (c) If a Team Member fails to return to work with one (1) week of notice requiring them to do so after a layoff. The Employer will notify the Union immediately if a Team Member cannot be contacted. 4.05 Seniority shall be considered to end when a Team Member has been discharged or voluntarily leaves the service of the Employer, or has been laid-off for a period longer than one (1) year. Where it is found that a Team Member is wrongfully discharged, that Team Member shall not suffer any loss of seniority if reinstated to employment. 4.06 A seniority list will be composed by the Employer, with all Union Members working at locations covered by this C/A, in order of the first day they started with Kal Tire and the IAM Local 99, starting from the most senior to the least senior, and provided to the Union office every month on the last day of the month and posted on the sites Union board.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 An 1. Seniority will begin on the first day an employee commences work during the school year in which the employee has been most recently hired for a professional position. Part-time employees will be credited, for seniority purposes, with the same amount of seniority for each school year as full-time employees, so long as such crediting is not in violation of law. 2. Seniority will accrue during periods of continuous employment, approved leave, or furlough if the employee annually notifies the District in writing of the employee’s current address and willingness to return to employment. This notice shall normally be submitted in May of each year. 3. In the event that a long-term substitute is hired as a TPE/P.E., all work time contiguous to the TPE/P.E. hiring shall be credited to the employee’s seniority. 4. Tie-Breakers - in order of use a. Past service to the District as long-term substitute or contract employee shall be regarded function as a probationary employee until he/she has worked a total of sixty (60) working days tie-breaker in any twelve (12) month periodseniority decisions. b. Date of hire shall continue to be a tie-breaker. c. Lottery shall be a tie-breaker. 5. After Professional employees who as a result of furlough accept employment as “replacement employees” shall continue to be professional employees and shall suffer no professional disadvantages. Replacement employees are professional employees filling temporary vacancies. 6. The District will make available to the completion Association a seniority list including every bargaining unit member’s name, latest date of hire, and areas of current certification. The District will update this list annually, based upon most current information supplied by the bargaining unit members. The list will be available to the Association by November 1 of the probationary periodschool year. 7. Seniority lists by years of service and by department will be posted in each building for thirty (30) calendar days beginning November 5 of each year. If no objections or corrections occur, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee list shall be considered for just cause unless the termination is contrary final. Disputes shall be subject to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faithgrievance procedure. The Company agrees to perform evaluations of probationary employeeslist shall include Curriculum Leaders, based on Principals and other Administrators who have previously taught in the Company’s expectations District and concernsare still tenured. 11.03 Seniority shall be defined as 8. When an employee asserts that a certification is applicable in the status case of a promotion, furlough or recall and there is no proof of such certification in the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same dateemployee’s district personnel file, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will employer shall not be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken held liable for any one pay or benefit or other obligation arising out of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four such certification until thirty (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (530) days in accordance with the provisions after proof of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service such certification is given to the Bargaining UnitSchool District personnel office.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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SENIORITY. 11.01 10.01 An employee shall be regarded as a "probationary employee employee" until he/she has worked a total of sixty he shall have completed eighty (6080) working days in any and during such period shall have no seniority rights. Upon completion of such period from initial employment, he shall be classed as a "Seniority Employee", and his seniority shall be from the first day of initial employment. Only hours worked shall be cumulative over a twelve (12) month period. After The treatment of “Casual Employees” for seniority purposes are handled under Letter of Understanding #3. The employee's performance will be reviewed at their twentieth (20th), fortieth (40th), sixtieth (60th) and seventy-fifth (75th) working day and made available to the completion Unit Chairperson of the probationary period, Union. 10.02 Each employee in order to benefit by the seniority provision of this Agreement must keep the Company informed of his current address and the telephone number where he can be contacted as follows: (a) An employee on the active payroll will notify the Human Resources Office within seven (7) normal working days by signing the form available. Such forms will be made in triplicate. One (1) copy will be retained by the employee. Failure to notify the Human Resources Office without good reason for such failure may result in the employee forfeiting his seniority rights. (b) An employee on lay off, and subject to recall, will notify the Company by mail. 10.03 An employee shall have job seniority when he completes forty (40) working days on the job on which he was hired, or to which he was transferred at which time his Company seniority shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05deemed to be his job seniority. 11.02 The termination of a probationary 10.04 When an employee shall be considered for just cause unless the termination has job seniority and is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and transferred he shall continue to accumulate during layoff in conjunction with servicejob seniority on such job until he acquires job seniority on a job to which he was transferred. 11.04 In (a) Employees shall be deemed as "Qualified Experience" if he can perform the event more than one job of an experienced employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known addresssaid classification, or five (5) days in accordance with the provisions upon successful completion of Article 12.02 of this Agreementa reasonable training period for such classification. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 2 contracts

Samples: Collective Labour Agreement, Collective Labour Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month period. After the completion of the probationary period, the employee shall be assigned a 10.1 A seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number list will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from posted by the Company for a period of time fourteen (14) calendar days within one (1) month after the signing of this Agreement. Except as otherwise modified elsewhere in excess this Agreement, seniority shall be based on total length of twenty four (24) months or his/her total recognized seniority, which ever is greater, service with the Company. After such posting, the list shall become final as to the employees’ names and dates designated on it, except as to any employee who has disputed the accuracy of his seniority date while the list is posted, in which case it will be subject to adjustment under the Grievance Procedure if established to be inaccurate. The seniority list will be brought up-to-date every six (6) months and a copy will be given to the Unit Chairperson and a copy posted on the bulletin board. 10.2 An employee’s seniority will be lost and the employee shall be deemed terminated if he: (a) quits the employ of the Company for any reason; (b) is discharged and is not reinstated through the grievance procedure or arbitration; (c) If an employee overstays an approved leave of absence or remains away from work without permission of management is laid off for a continuous period exceeding the length of more than three his seniority at the time of layoff or a period exceeding twelve (312) consecutive working daysmonths, he/she will be assumed to have forfeited his/her seniority rights under this Agreementwhichever comes first; (d) If he/she fails to report notify the Company of his intention to return to work within five (5) working days of receiving notification his being notified of recall from layoff by verifiable mail to his/her last known addresslayoff, or fails to return to work within five (5) working days in accordance with of being notified of such recall. An extension of these time limits may be granted by mutual agreement between the provisions Company and the Union. An employee shall be deemed to be notified of Article 12.02 recall on the day following the posting of this Agreementa registered letter to that effect addressed to the employee’s most recent address on the Company’s files; NOTE: It shall be the responsibility of the employee to keep the Company informed of his current address. (e) If is absent for three (3) consecutive working days without notifying the Company with a reason satisfactory to the Company; or (f) retires. 10.3 Subject to Article 10.4, in all cases of layoff or recall, senior employees shall be entitled to preference provided they have the immediate ability and qualifications to perform the available work. 10.4 Notwithstanding Article 10.3, employees on a bid job may not be bumped in the case of layoff or movement to on call status. The Unit Chairperson shall be exempt from layoff or on call status from his/her classification so long as there is work which he/she accepts can perform satisfactorily. (If the Unit Chairperson is a driver their seniority will be exercised by bumping the most junior tramp driver.) (a) When creating a new bid or filling a permanent bid (other employment while on leave than under Article 10.6), seniority will apply where the ability and qualifications of absence except with the express permission of applicants for promotion are relatively equal and are sufficient for the vacancy to be filled. Such openings will be posted for three (3) working days to give interested employees an opportunity to apply. Notwithstanding the above, employees outside the Maintenance Department shall not be eligible to apply for postings in the Maintenance Department and vice versa, unless specifically authorized by the Company. 11.06 Any employee transferred (b) Employees who wish to be considered for transfer to a non-bargaining unit position outside may place a written statement of such wishes on file with the Company annually. (c) An employee who bids into a different classificiation resulting in a junior employee being laid off will remain in that classificiation until the following annual bid. This shall not prevent the employee from bidding within the new classification during this period. (a) On the first Tuesday following Labour Day, the Company agrees to the posting of all bid jobs that have been established stating, where applicable, the class, type of truck and the starting time. The posting shall remain on the bulletin board from 12:00 o’clock noon, Tuesday, the day of the Bargaining Unit posting, until 12:00 o’clock noon Friday, following the date of the posting. The jobs shall take effect no later than the fifteenth (15th) working day from the Friday the posting is removed. For clarity, the parties agree that bid jobs will be done based on starting time and not by runs or areas. Drivers will be returned with assigned their accrued daily trips by the dispatch department determined by seniority and service qualifications. (b) After September of each year when a permanent job bid is reposted for any reason whatsoever, no employee who is currently on a permanent bid at the time of the posting shall then have the right to exercise his seniority for the posted job. Notwithstanding the above, a tramp driver or an employee on a permanent job bid who did not have the opportunity to the Bargaining Unitposted bid in September, or a laid off or “on call” employee who has permanently lost his bid, may now have the opportunity to the posted job. (c) Licensed motor mechanics, licensed trailer mechanics and tiremen may not exercise their seniority for any bid jobs, except in the event of a complete, permanent closure of the maintenance department, when they may exercise their seniority for any bargaining unit position pursuant to Article 10.3. (d) At the time for the annual job bid, the Company shall each day post on the bulletin board what starting times have been taken and by whom. (e) Out of town starting drivers will be notified of job bids under 10.05 and 10.06(a). (f) The Company will provide the Union with a copy of the job bids. (g) Current bids which require a change in starting time at the Customer’s or Company’s request shall first be offered to the employee presently holding such bid. If that employee refuses, the bid will be considered a re-posted bid under Article 10.6(b). 10.7 Employees shall be selected and allocated to the annual job bid in order of seniority, provided that the employee has the qualifications for the job. An employee shall be called by seniority to select the particular job of his choice.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee 1. Seniority is the right accruing to employees covered by this Agreement which entitles them to the preference provided by this Section D in vacations, layoffs and recalls. 2. Computation of Seniority Unless otherwise required by law, College seniority shall be regarded as a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month period. After the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of determined by continuous service with the Company College from the first day date of workoriginal employment in a bargaining unit position without regard to full-time or part-time status. Unless otherwise required by law, providing seniority has non-bargaining unit work shall not been broken as per article 11.05, and shall continue to accumulate be included in the computation of seniority. Periods during layoff in conjunction with service. 11.04 In the event more than one which an employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved authorized unpaid leave of absence or remains away from work without permission of management for a period of more layoff, for periods of less than three one year, shall not be considered an interruption in continuous service. While on unpaid leave or layoff an employee will not accrue additional seniority. Notwithstanding the above, part-time employees working eighteen and one-half (318.5) consecutive hours per week in a department or unit where full-time employees work thirty-seven and one-half (37.5) hours per week or twenty (20) hours per week in a department or unit where full-time employees work forty (40) hours per week will neither accrue nor have seniority rights. For part-timers working days, heless than eighteen and one-half/she twenty (18.5/20) hours per week their original employment date with the college rather than their accretion date to the bargaining unit will be assumed considered their employment date. 3. Seniority Lists A seniority roster will be given to have forfeited his/her seniority rights under this Agreement dthe Union President by January 30th of each year. The roster shall list all full-time and part-time employees in the bargaining unit by College and title seniority. Within thirty (30) If he/she fails to report to work within five (5) working days of receiving notification the receipt of recall from layoff the roster the Union will notify the Employer of the alleged discrepancies in the roster. The parties will meet to resolve all discrepancies. 4. The parties agree to create a committee consisting of three members appointed by verifiable mail each party to his/her last known addresscreate the initial seniority lists contemplated by this section. Once completed, or five the list will be distributed to the unit. Any employee who disagrees with their seniority placement will have thirty (530) days in accordance with to protest their placement by submitting any documents or other proof to dispute the provisions preliminary seniority placement. The committee will then decide all disputes and publish a final seniority list. In the event of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with a dispute that the express permission of committee cannot resolve, the Company. 11.06 Any employee transferred to a position outside of Vice President for Administration will be the Bargaining Unit will final decision maker. This section is not be returned with their accrued seniority and service subject to the Bargaining Unitgrievance procedure.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 An (a) The seniority unit shall be plant-wide. (b) Seniority is continuous service which shall be calculated from date of first employment or re-employment following a break in continuous service, whichever occurs later. When two or more employees are hired on the same day, the employee with the lowest last four (4) digits in their social security number shall be senior to the employee with the highest last four (4) digits. This paragraph is effective May 10, 1978. (c) New employees and those hired after a break in continuity of service will be regarded as a probationary employee until he/she has worked a total of employees for the first sixty (60) working days in any twelve (12) month of wor and will receive no continuous service credit during such period. After Probationary employees may file and process grievances under this Agreement, but may be laid off or discharged as exclusively determined by the completion Company. Probationary employees who continue in the service of the probationary period, Company subsequent to the first sixty (60) days of work shall receive full continuous service credit from date of the most recent hiring. THE PROBATIONARY PERIOD MAY BE EXTENDED AN ADDITIONAL THIRTY (30) DAYS OF WORK BY MUTUAL AGREEMENT OF THE COMPANY AND THE UNION. (d) An employee covered by this Agreement shall lose his entire seniority if: (1) He voluntarily quit; (2) He is discharged for cause and not rehired within six (6) months or reinstated; (3) An employee's seniority shall be assigned a seniority broken and his employment terminated effective on date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination his acceptance of a probationary employee shall be considered for just cause unless the termination is contrary to Termination benefits under the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. Supplemental Unemployment Benefit Plan Agreement; (4) The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson layoff or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company disability for a period of time in excess three years or 50% of twenty four (24) months or his/her total recognized seniorityhis seniority attained at the start of such absence, which ever whichever is greater, with the Companyless. c(e) If an employee overstays an approved A leave of absence for the purpose of accepting a position with The Cement, Lime, Gypsum and Allied Workers Division at the Local, district, or remains away from work without permission international level, or the AFL-CIO or any of management for a period of its subordinate bodies, shall be available to not more than three (3) consecutive working daysemployees from each plant at any one time. Applications for such leave shall be submitted to the Company in writing thirty (30) days prior to the effective date of such leave to permit proper provisions to be made to fill the job to be vacated. Leaves of absence for this purpose shall be for an indefinite period. During such leave, he/she will seniority shall accumulate. Group insurance coverage shall be assumed to have forfeited his/her seniority rights under this Agreement dsuspended after thirty (30) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreementsuch leave. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 2 contracts

Samples: Basic Agreement (Southdown Inc), Basic Agreement (Southdown Inc)

SENIORITY. 11.01 An a. In the case of layoff and promotions, seniority and ability to do the job(s) in question shall be considered with seniority ruling where ability is equal. b. Seniority shall be calculated from last date of hire. c. For the purpose of determining increases within rate ranges, an employee shall be regarded as credited for a probationary full week’s seniority for any part of a week worked. Section 2 Employees laid off and subsequently rehired by the Employer within six (6) months of the layoff date shall retain their former seniority. Employees laid off on ac­ count of ill health shall retain their seniority for a period of twenty-four (24) months. Section 3 The Company agrees to furnish the Union each con­ tract year with a separate seniority list of all employees indicating their employment date. a. First Grocery Clerks, First Produce Clerks, Head Meat Cutters, Night Shift Heads, and First Meat Cutters shall not be subject to bumping, except in cases of store closing due to fire or flood. b. In order for bumping to occur, a bona fide job open­ ing (defined to mean: an opening created by quit, discharge or retirement) must exist. Bumping may also occur in the case of layoff. c. Union will notify the Company three (3) days in ad­ xxxxx of proposed bumping where such is across departmental lines. The bumping employee must be qualified to do the new job. d. The provisions of this section does not apply in the case of new store openings until he/she the store has worked a total of been opened for sixty (60) working days days. a. When there is a reduction or layoff in any twelve (12) month period. After the completion work force, Company seniority shall govern and a qualified em­ ployee with seniority on day shift shall have the right to displace the least senior employee of the probationary periodsame job classification on day shift within first, the store, then within a ten mile radius of the store. b. If there is no junior employee within a ten-mile (10) radius, then such employee shall have the right to either displace the nearest day shift junior employee working in the same job classification in a store outside the ten (10) mile radius or displace the least senior employee working within a ten (10) mile radius in either department (1) Meat, (2) Grocery- Produce, in a classification with the same or a lower authorized rate. c. If no day shift opportunity is available as set forth above, the employee shall be assigned have similar rights insofar as a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05job on the night shift is concerned. 11.02 d. The termination junior employee so displaced shall have the same job rights until all possibilities have been ex­ hausted. e. The Company will inform the Union at least one (1) week in advance of a probationary proposed layoffs; should Com­ pany fail to provide such notice, employee shall be considered compensated one (1) week's normal straight-time pay (or appropriate pro rata fraction thereof) for just cause unless the termination is contrary week (or fraction thereof) not included in advance notice. f. Employees laid off shall be the first to be rehired in order of their seniority provided they possess the necessary qualifications to do the jobs available. Written notice of recall shall be sent to employee with copy to Union office. If employee does not answer within five (5) days, the Company has no further obligation. Section 6 Any employee returning from the military service shall be put back on the regular job he had when leaving for military service subject to the provisions of the Ontario Human Rights CodeUniversal Military Training and Service Act, or if provided he/she can reasonably perform the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status functions of the employee based upon position, with all across-the-board increases or less any across-the- board deductions that may have become effective dur­ ing his/her established length absence. Because on-the-job experience and application are the predominating factors in upgrad­ ing within a rate range, military service itself will not qualify an employee for automatic promotion within such rate range, but same shall be based on payroll service only. Section 7 It is understood that stewards of service with the Union shall at all ' times be full-time day shift employees and shall be the last to be laid off in any case, subject to their ability to perform the job in question. The Union shall furnish the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority complete list of an employee stewards which shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quitssupplemented from time to time as may be necessary. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 7.01 Seniority will date from the first day of service with the Fire Department, provided there is continuity of service. 7.02 Schedule "C" attached hereto shall form part of this Agreement and shall show the seniority of the members covered by this Agreement. The placement of a new employee at the bottom of the seniority list shall occur automatically at the time said employee becomes a permanent employee. In cases of multiple hiring of employees occurring on one date, the order that persons are ranked in the eligibility list as of the date of hire shall determine their rank on the seniority list. The City shall provide this list to the Union upon request, but in no event less often than once each calendar year. (An employee's date of birth, for privacy reasons, shall not appear on the seniority list, however, upon request the Union shall be provided with the listing of their member's dates of birth.) 7.03 Seniority shall govern layoffs, and when the Fire Department is engaging additional employees, the rehiring shall be done in the inverse order to layoffs, subject to the following conditions: (a) An employee shall be regarded as retain recall rights from the date of layoff for a probationary period of time equal to their length of continuous employment with the Fire Department immediately preceding such layoff. (b) An employee until he/she has worked a total of sixty (60on layoff under Subsection 7.03(a) working days in any above for twelve (12) month period. After or more months shall: (i) produce a medical certificate certifying the completion employee's physical and mental fitness to perform the duties required by the City, and (ii) satisfy the Chief of the probationary periodDepartment, at the time of recall, that the employee has the qualifications to perform the duties of the rank and position in which the employee was laid off and/or that the employee acquires the necessary knowledge and competence in their new position the employee shall be assigned a seniority date as to steady day shift (8 hours) for purposes of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination training. After satisfactory completion of a probationary such training the employee shall be considered for just cause unless the termination assigned to a normal working shift. If satisfactory completion of such training is contrary not achieved, such recalled employee shall be deemed to be a newly hired employee and the provisions of the Ontario Human Rights CodeSection 8:01, or if the termination is arbitraryProbationary Fire Fighter, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concernsshall apply. 11.03 Seniority 7.04 No member of the Fire Suppression Division shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue assigned to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, duty in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company Fire Prevention Division for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreementcontinuous years. e7.05 In the event that sickness or injury of a member makes it desirable for him to serve in the Fire Prevention Division, Alarm or Mechanical Divisions in excess of a three (3) If he/she accepts other employment while on leave year period, such extended service may be authorized by the City, although such continued service shall result in discontinuation of absence except with seniority for the express permission purpose of promotion in the CompanyFire Suppression Division. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 An (a) Every new employee shall be regarded classified as a probationary employee until he/she has worked temporary employee. (b) When a total period of sixty (60) working worked-days in has elapsed since the date of employment, he/she shall then be classified as a regular employee with full rights. (c) For a regular employee, seniority shall be his/her continuous service from the date of employment within the bargaining unit. (d) Seniority shall be broken by voluntary quitting or discharge but not by any layoff due to lack of work which lasts less than twelve (12) month periodmonths. After the completion of the probationary periodtwelve (12) months layoff, the an employee shall be assigned a seniority date as of loses his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall terminated. Benefits will be broken paid only for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four twelve (2412) months or his/her total recognized seniorityuntil the employee has obtained coverage elsewhere, which ever whichever comes first. (e) Seniority shall not be broken by any approved absence as in Article 34. (f) Employees covered by this Agreement who have been transferred or promoted to positions outside the present bargaining unit and subsequently return to positions within the certified bargaining unit within four (4) months shall retain the seniority they had at the time of transfer from the bargaining unit providing that a vacancy is greater, available. (g) It is agreed and accepted that with the approval of the Shift Manager, the senior man will be given preference of day shift (one shift operation) when available, as long as the Company's operations do not suffer because of this arrangement. c(h) If an employee overstays an approved leave Students hired and who are retained after Labour Day of absence or remains away from work without permission of management the then current year shall be declared regular employees with full seniority rights, provided they have been employed for a continuous period of more than three (3) consecutive working daysmonths. In cases where such an employee is retained after Labour Day of the then current year, but has not been employed for a continuous period of three (3) months, he/she will shall be assumed to have forfeited his/her seniority rights under this Agreement d) If declared a regular employee on the date that he/she fails to report to completed a continuous period of three (3) months employment. It is agreed that Students can work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with during the provisions of Article 12.02 of this Agreementsummer plant shutdown but not on production equipment. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 SECTION 1. Seniority under this Agreement shall be computed from the employee’s most recent day of hire. Seniority of those employees who start to work on the same day shall be determined by their employee identification number. Employees hired prior to 3/3/2008 will still use their last four (4) numbers of their Social Security Number for determining seniority order when their hire date is the same. The employee hire date will become the anniversary date for pay progression step increases. The Employer retains the right to restrict the movement of personnel for an additional ninety (90) days after the probationary period in order to insure an equitable distribution of new employees on each shift and other legitimate business consideration. All openings for team and shift will be posted for minimum of ten (10) calendar days, at this time, all interested officers will turn in their names to the Security Operations Supervisor (SOS) and the SOS will forward a copy of this list to the Union President. For all bargaining member positions, the senior officer will be awarded the position. All shift and team assignments will be posted unless the Employer and the Union agree to a change, to include Echo team. The Employer may not move employees from one shift to another without posting unless an emergency or temporary staffing condition(s) exist, but no more than ninety (90) days unless agreed to by both parties. SECTION 2. An employee promoted to a Supervisory position shall be regarded as a probationary employee until not retain their seniority in the event he/she is returned to the bargaining unit. SECTION 3. An employee who voluntarily resigns or retires and decides at a later date that he/she wishes to return, the following conditions will exist. If the Employer decides to rehire the individual and forty-five (45) days have not passed since their last workday, then the employee will retain their previous seniority provided they re-establish good standing in the Union and International for the period of non-employment with the Employer. If the Employer decides to rehire the individual and it has worked been longer than forty- five (45) days since their last workday, then the employee shall not retain their previous seniority, seniority will begin with their new date of hire. SECTION 4. Layoffs and recalls shall be based upon an employee’s seniority, and qualifications to perform the necessary duties of the position. Laid-off employees shall have callback rights for a total period of sixty (60) working days in any twelve (12) month period. After the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Codemonths, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of workemployment, providing seniority has not been broken as per article 11.05whichever is less, and shall continue retain their accumulated seniority as of the date of layoff. In case of re-employment, employee’s who have been laid-off shall be notified, at their last known address, in order of Employer seniority to accumulate during layoff in conjunction with service. 11.04 report to work. The notice will be by certified mail return receipt. In the event more than one a former employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she so notified fails to report to work within five (5) working days after receipt of receiving notification such notice, his seniority shall be terminated; however, if the employee is prevented from reporting because of recall from layoff by verifiable mail to his/her last known addresssickness or emergency involving the employee or immediate family, or five (5) days in accordance with other legitimate reason, and so notifies the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with Employer within the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.five

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month period. After the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with in the Company bargaining unit. 11.02 Upon successful completion of the probationary period the employee's seniority shall be deemed to have commenced from the first day date of work, providing seniority has not been broken as per article 11.05, and shall continue most recent entry to accumulate during layoff in conjunction with servicethe bargaining unit. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence 11.03 Upon successful completion of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The probationary period the seniority of an employee returning to the bargaining unit shall be broken for any one adjusted to include the probationary period and accrued seniority, if any. 11.04 The accrued seniority of an employee who is transferred or promoted out of the following reasons: a) bargaining unit, but who remains an employee of the University, shall be retained by that employee, to the date of such transfer or promotion but will not continue to accumulate. If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for employee returns to the bargaining unit within a period of time in excess two (2) years the terms of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the CompanyArticle 11.03 above shall apply. c) If an 11.05 When a position is declared redundant, the employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working dayswho is displaced, he/she will be assumed offered the opportunity to have forfeited his/her seniority rights under this Agreement d) If he/she fails transfer to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days any vacant position in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with same classification and same shift and the express permission of the CompanyUnion will be so notified. 11.06 Any The University agrees to observe the seniority of employees in connections with layoffs and recalls. It is understood that all term and task assignments will be terminated in a "classification" prior to any layoff. (a) placement in vacant position at the same classification level if qualified or; (b) if there is no vacancy, the employee transferred may bump into a position at the same classification level, or lower, if qualified, where the incumbent has the least seniority, or; (c) if the employee is not placed in a vacant position or chooses not to bump, the employee may elect to receive severance pay at the rate of one (1) week's pay at the employee's regular rate of pay for each completed year of service to fifteen (15) years, and at the rate of two (2) weeks’ pay for each additional completed year of service to a position outside total maximum of twenty-six (26) weeks (a partial year of service will be pro-rated at the Bargaining Unit will not appropriate rate by completed months). The employment relationship of an employee who elects to accept severance pay shall be returned with their accrued seniority and service to terminated effective the Bargaining Unitdate of receipt of such monies.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 An ‌ 10.01 Seniority for a regular employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month period. After the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status number of hours paid since that regular employee’s current date of hire, including any hours accumulated as a term. Hours worked as a substitute on or after January 01, 2001 shall be included in a regular employee’s seniority hours. 10.02 A probationary employee shall not have seniority until they have successfully completed their probationary period. 10.03 Substitute employees and term employees shall not have seniority. 10.04 After successful completion of probation the name of the employee based upon his/her established length shall be placed on the Seniority List in order of service with the Company number of hours paid from the first day date of workthe current entry into the Employer’s service in the bargaining unit. 10.05 The Seniority List shall detail, providing for each employee on it, the number of hours paid for seniority has not been broken purposes, the employee’s name, the employee’s date of current start as per article 11.05an employee, and the positions or assignments for which the employee meets the qualifications and experiences as specified in the Teachers’ Handbook. 10.06 Employees who are on approved unpaid leave of absence because of illness or injury or for Employment Standards leaves shall continue to accumulate during layoff in conjunction with serviceearn seniority. 11.04 In 10.07 When two or more employees have the event more than one employee is hired same seniority, the most senior shall be determined by lot. 10.08 An updated Seniority List shall be posted at each campus and a copy provided to the Union on the same date, the Company will randomly assign, in the presence 15th day of each of the Plant Chairperson or designatemonths of January, April, July and October of each employee with year. The Seniority List shall be open for correction for a seniority code number14 day period, and will thereafter be deemed accepted for all purposes of this number will be used in determining each employee’s seniority standingagreement up to the next posting. 11.05 The seniority 10.09 An employee who would not reasonably have been aware of an the posting of the Seniority List may seek correction within seven (7) days of when the employee should reasonably have become aware of the posting; however, any such decisions which were made based on the Seniority List shall not be reversed as the result of such “late” corrections. 10.10 Corrections can only relate to calculations based on the period after the date of the immediately prior posting of the Seniority List. 10.11 Seniority shall be lost, and the employee shall no longer be broken for any one an employee, if an employee: (a) voluntarily leaves the employ of the following reasons:school; or a(b) If he/she is discharged for just cause, retired or voluntarily quits.; or b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work is absent without permission of management and without just cause for a period of more longer than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement; or (d) If he/she is laid off and fails to report to for work within five (5) working days of receiving notification after the expected start date, unless the employee has invoked a suspension of recall from layoff by verifiable mail to his/her last known address, or five rights as per Article 11.14; or (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Companyis laid off for more than one (1) year. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 An 9.01 Except as otherwise stated, employees' seniority is defined as the length of continuous service in the Bargaining Unit and there shall only be two (2) recognized classes of employees, regular permanent or part time. 9.02 Seniority for Regular Permanent employees shall commence from the date of hire of the employee and shall govern in all areas of this Agreement except as otherwise specified. 9.03 Part-time employees are those who are used on an “as required” basis and shall be regarded listed on a spareboard. While classified as part-time, they shall not accumulate seniority and shall not be used to displace any regular permanent employee. Part-time employees shall only be used for peak period staffing, holiday relief, or maintaining crew sizing as a probationary employee until he/she has worked a total result of sixty (60) working days in any twelve (12) month periodaccident or injury. After the completion of the probationary period, the employee Part-time employees shall be assigned eligible for vacation and statutory holiday pay on a seniority date as prorated basis. All other terms and conditions of his/her first day worked, providing seniority has not been broken as per Article 11.05this Agreement shall apply. 11.02 9.04 The termination Company shall at least once every six (6) months, post in a conspicuous place on its premises an up-to-date list of a probationary employee shall be considered for just cause unless all employees covered by this Agreement showing the termination is contrary to date when each commenced his employment with the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faithCompany. The Company agrees shall forward to perform evaluations the Union a copy of probationary employees, based each list on the Company’s expectations and concernsdate of its posting. 11.03 Seniority 9.05 If a laid off employee is called back to work with the Company within his right to recall period, there shall be defined as the status of the employee based upon his/her established length of deemed to have been no break in such an employee's continuous service with the Company from the first day by reason of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with servicesuch layoff. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will 9.06 Seniority shall be used in determining each employee’s seniority standing. 11.05 The seniority of lost and an employee shall no longer be broken for any one considered an employee of the following reasonsCompany if an employee: a(1) If he/she voluntarily leaves the employ of the Company, or (2) is discharged for just proper cause, retired or voluntarily quits.or b(3) If he/she is laid off from the Company absent without leave for a period of time in excess of twenty four greater than eight (248) working hours, or (4) months or his/her total recognized seniorityafter layoff, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from fails to report for work without permission of management for a period of more than three (3) consecutive working daysdays after being recalled, he/she will be assumed to have forfeited his/her seniority rights under this Agreementor d) If he/she fails to report to work within five (5) working days of receiving notification of recall from is on continuous layoff by verifiable mail to his/her last known address, or five for six (56) days in accordance with the provisions of Article 12.02 of this Agreementmonths. e9.07 When a new employee is hired, it is agreed that he shall be on probation for ninety (90) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit calendar days and during this period seniority will not be returned with applicable. When the probationary period is completed, seniority shall commence from the date of hiring. By mutual agreement of the Company and the Union the probationary period may be extended thirty (30) calendar days for a specific employee. 9.08 In the event of lay-offs seniority shall be recognized. The principle of last man on, first man off shall prevail providing the employee being retained is capable (as defined in Article 10.08) of performing another job. 9.09 When vacancies occur, the Company shall rehire laid off employees according to their accrued seniority and service the principle of last man off, first man on shall prevail subject to the Bargaining Unitconditions in Article 10.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 15:01 An employee shall will be regarded as a probationary considered on probation and will not acquire seniority until the employee until he/she has worked for a total of sixty ninety (6090) working days for the Employer, when their seniority shall commence from the date of last hiring. 15:02 The Employer agrees to observe the seniority of employees in any twelve (12) month period. After the completion of the probationary periodconnection with promotions, the employee shall be assigned a seniority date demotions, transfers, layoffs, and recalls, insofar as of his/her first day workedit is practicable to do so, providing seniority has their other qualifications are relatively equal. Promotions to supervisory positions shall not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary subject to the provisions of this Agreement. 15:03 When an employee is laid off, they shall have the Ontario Human Rights Codeoption of displacing an employee in a lower classification providing the employee has more seniority in terms of service within the bargaining unit than the employee in the lower classification except for apprentices. It is understood that when an employee exercises this option, they shall be paid the rate for the lower classification. 15:04 In the event of a tie in seniority between two or if more employees, the termination is arbitraryEmployer will interpret seniority standing for layoff purposes by ranking such employees by date of commencing work as a Temporary Journeyman Locksmith immediately prior to the date of last hiring. In the event that this ranking also produces a tie in seniority between two or more employees, discriminatorythe Employer will then interpret seniority standing for layoff purposes by ranking such employees in alphabetical order. 15:05 A seniority list by classification will be prepared and forwarded to the Union office on or about the 30th day of November during the term of this Agreement. 15:06 An apprentice shall not acquire seniority until the employee has successfully completed the apprenticeship programme and has continued employment with the Employer, or at which time they shall be credited with seniority retroactive to the date on which the employee was initially employed as an apprentice. All other rights and privileges under the Collective Agreement with the exception of Articles 14:01, 15:01 15:02, 15:03, 32:01, and 35:01 shall apply to apprentice Electricians. 15:07 Employees who continue to be employed by the Employer in bad faithan acting position outside the bargaining until shall, subject to the approval of the Union, continue to acquire seniority for the duration of the acting appointment. The Company agrees employee may return to perform evaluations their normal duties at any time upon request. In the event of probationary employeesa layoff of an employee with greater seniority than that of the seniority held by the employee in the acting position, based on the Company’s expectations and concerns. 11.03 Seniority employee in the acting position shall be considered to be laid off in the bargaining unit. An acting position shall be defined as the status a period not to exceed one year. This period may be extended by mutual agreement to a maximum of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with serviceone (1) additional year. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an 15:08 An employee shall lose all seniority and be broken for any one of deemed terminated if the following reasonsemployee: a) If he/she is discharged for just cause, retired or voluntarily quits., resigns or retires the employ of the University; b) If he/she is justifiably discharged; c) has been laid off from the Company for a period of time in excess of twenty more than twenty-four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreementmonths; d) If he/she following a layoff, fails to report to work advise the Employer within five (5) working days of receiving notification receipt of recall from layoff by verifiable mail notice to his/her last known addressreturn to work of their intention to return, or fails to report for work on the date and at the time specified in the said notice; or e) in absent from work for five (5) consecutive working days without notifying the Employer, and providing a reasonable explanation for such absence, in accordance which case the employee shall be deemed to have resigned their employment with the provisions of Article 12.02 of this AgreementEmployer. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee (a) A Regular Employee’s Seniority Date shall be regarded the date on which a Regular Employee’s continuous service in the Centre’s employ commenced within the bargaining unit, including all prior periods of service as Casual, Temporary or Regular Employee contiguous to present regular employment. 9.02 Seniority shall be considered in determining: (a) Preference of vacation time in the Annual Vacation article , if seniority dates are identical, hours worked will be the tiebreaker on preference in vacation. (b) Layoffs and recalls, subject to the provisions specified in the Layoff and Recall article. (c) Promotions and transfers and in filling vacancies within the bargaining unit subject to the provisions specified in Appointments, Transfers and Promotions article. (d) The selection of available rotations by Employees on a probationary employee until heunit affected by a new master rotation (changes to shifts, shift cycles or shift patterns) that does not change an Employee's Full-time equivalency (FTE) or does change an Employee’s Full-time equivalency or employment status (e) Distribution and offering of casual shifts or any other available shifts or additional shifts/she has worked a total hours of sixty work subject to the provisions specified in Article 33 - Casual Shifts. 9.03 Seniority shall be considered broken, all rights forfeited, and there shall be no obligation to rehire: (60a) working days in any when the employment relationship is terminated by either the Employer or the Employee; (b) upon the expiry of twelve (12) month period. After months following the completion date of layoff, if during which time the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority Employee has not been broken recalled to work; (c) if an Employee does not return to work on recall, as per Article 11.05provided in the layoff and recall article. 11.02 9.04 The termination Employer will post on the Bulletin Board, a seniority list containing the name and seniority date of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or each regular and temporary Employee in bad faithchronological order. The Company agrees to perform evaluations seniority list will include the names of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing each casual Employee for information purposes. The seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number list will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of updated by the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more Employer not less frequently than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.every six

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 An 9.01 The seniority of an employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month period. After means the completion of the probationary period, the employee shall be assigned a seniority date as length of his/her continuous service with the Company, as at the date of transition (November 1, 2011), since the date of his/her last hiring by the Company, i.e. day and time of first day workedhour of paid work. Same Day Hiring 9.02 There will be a Company Service List composed of all employees for each Site, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless within the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employeesRegion, based on the Company’s expectations and concernsdate of hire, pursuant to Article 9.01. 11.03 (a) In Vancouver there will be two classification seniority lists as follows: (i) Point Leader Seniority shall List composed of employees in the classification of Permanent Point Leader; (ii) Screening Officer Seniority List composed of employees in the classification of Screening Officer. The Point Leader Seniority List and the Screening Officer Seniority List will be defined as used to determine the status rights of employees in connection with other seniority based rights under the employee based upon his/her established length of service with the Company from the first day of workAgreement, providing including but not limited to layoff, recall, shift preference, vacation selection and overtime. Persons on one seniority has list do not been broken as per article 11.05, and shall continue to accumulate during layoff accrue seniority on another list when they are working in conjunction with service. 11.04 an acting or temporary capacity. In the event more than one employee is hired of layoff, seniority on the same date, Point Leader Seniority List cannot be used to displace employees in other classifications who are hired prior to the Company will randomly assign, in the presence date of the Plant Chairperson or designateCIRB (Canadian Industrial Relations Board) order which is November 27, 2008. (b) In all other Sites within the Region there shall be one classification seniority list for each employee with a seniority code numberSite, this number composed of all screening personnel, including Screening Officers and Point Leaders. The Site Seniority Lists will be used to determine the rights of employees in determining each employee’s connection with other seniority standingbased rights under the Agreement, including but not limited to layoff, recall, shift preference, vacation selection and overtime. 11.05 9.03 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or completely lost and his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, employment shall automatically be terminated if he/she will be assumed to have forfeited his/her seniority rights under this Agreementshe: d(a) If he/she fails to report to work within five quits; or (5b) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days is discharged and not reinstated in accordance with the provisions of the Agreement; or, (c) is absent from work for three (3) or more consecutive days without notifying the Supervisor unless he/she gives a reason satisfactorily to the Supervisor for his/her failure to so notify the Company; or, (d) is laid off for a period in excess of twelve (12) months; or, (e) fails to notify the Management of his/her intention to return to work within seven (7) days of being given Notice of Recall under Article 12.02 11.02 or fails to return to work on the date of recall as set out in the Notice of Recall; or, (f) works for another employer while absent from his/her employment with the Company except while on layoff, except when employees are on vacation or days off; or, (g) uses an authorized Leave of Absence for a purpose other than that for which the Leave was granted; or, (h) fails to return to work upon the expiration of an authorized Leave of Absence or vacation unless a reason satisfactory to Management is given; or, (i) fails to qualify for the appropriate Canadian Air Transport Security Authority certification and/or Transport Canada designation. (i.e. all routes will be expired before termination of seniority.) 9.04 Within ninety (90) days after the signing of this Agreement, the Company shall post the Site Seniority Lists showing the seniority of each employee. e) If he/she accepts other employment while on leave of absence except 9.05 The Company will provide the Union with the express permission current seniority lists showing each employee’s seniority date, current address, email, phone number(s), classification and rate of pay, on June 30th of each year. An employee shall have thirty (30) days to challenge the Companyapplicable seniority list with respect to his/her seniority. Thereafter, the seniority date of each employee shall be deemed to be conclusive. 11.06 Any 9.06 The seniority of an employee transferred to who accepts a position with the Company outside of the Bargaining Unit will not scope of the Agreement shall be returned with their accrued seniority and service to the Bargaining Unitforfeited.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee (a) A Regular Employee’s Seniority Date shall be regarded the date on which a Regular Employee’s continuous service in the Centre’s employ commenced within the Bargaining Unit, including all prior periods of service as a probationary employee until he/she has worked a total of sixty Casual, Temporary or Regular Employee contiguous to present regular employment. (60b) working days in any twelve (12) month period. After the completion of Seniority shall not apply during the probationary period; however, once the employee probationary period has been completed seniority shall be assigned a credited from the seniority date as of his/her first day worked, providing seniority has not been broken as per established pursuant to Article 11.059.01. 11.02 The termination of a probationary employee 9.02 Seniority shall be considered for just cause unless the termination is contrary in determining: (a) Preference of vacation time in Article 23: Annual Vacation. (b) Layoffs and recalls, subject to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or specified in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations Article 31: Xxxxxx and concernsXxxxxx. 11.03 (c) Promotions and transfers and in filling vacancies within the Bargaining Unit subject to the provisions specified in Article 11: Appointments, Transfers and Promotions. (d) The selection of available rotations by Employees on a unit affected by a new master rotation. (e) Distribution and allocation of casual shifts or any other available shifts or additional shifts/hours of work subject to the provisions specified in Article 36 - Casual Shifts. 9.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of workconsidered broken, providing seniority has not been broken as per article 11.05all rights forfeited, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee there shall be broken for any one of the following reasonsno obligation to rehire: (a) If he/she when the employment relationship is discharged for just cause, retired terminated by either the Employer or voluntarily quits.the Employee; (b) If he/she is laid off from upon the Company for a period expiry of time in excess of twenty twenty-four (24) months or his/her total recognized following the date of layoff, if during which time the Employee has not been recalled to work; (c) if an Employee does not return to work on recall, as provided in Clause 31.07. 9.04 The Employer will post on the Bulletin Board, a seniority list containing the name and seniority date of each Regular and Temporary Employee in chronological order. The seniority list will include the names of each Casual Employee for information purposes. The seniority list will be updated by the Employer not less frequently than every six (6) months. Copies of said seniority lists will be provided to the Union following posting. The Union shall have one (1) month in which to take issue with the seniority list, otherwise the seniority list will be deemed to be correct. 9.05 Should a difference arise regarding an Employee's seniority, which ever is greater, the Employer will provide the Employee with the Companyinformation necessary to establish accurate seniority. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 (a) The Company agrees to recognize the principle of plantwide seniority so long as that principle does not impair the ability of the Company to carry on its business and to ensure that it has qualified employees to fill specific job categories at all times. The Company recognizes the right of an employee with seniority to avoid being laid off by reverting to a different position occupied by an employee with less seniority, whether such position is less or more qualified, so long as the position, if it requires a particular skill, is one for which the senior employee has actual experience or proven ability. In the case of the senior employee reverting to a less qualified position to avoid being laid off, he will be paid at the rate applicable for that position. (b) Any employee who elects to leave the bargaining unit in accordance with the provisions of Article 2.01 shall continue to maintain his seniority for a period not to exceed three (3) consecutive months. If the employee leaves the bargaining unit for a period longer than three (3) consecutive months, then the employee ceases to be a member of the bargaining unit. It is understood that the employee shall continue to pay regular monthly dues during the three (3) consecutive month period or part therefore. 26.02 An employee shall will be regarded as a considered probationary for their first ninety (90) days of work which ninety (90) days of work will be extended by time lost for any reason including sickness, accident or lay-off, and the employee until he/she has worked a total of sixty (60) working days in any twelve (12) month will have no seniority rights during this period. After ninety (90) days of work, his seniority shall date back to the completion date on which his employment began, provided the employee continued to be a member of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 bargaining unit. The termination of a probationary employee shall be considered deemed to be for just cause unless cause, so long as the termination is contrary to the provisions of the Ontario Human Rights Codecompany did not act arbitrarily, or if the termination is arbitrary, discriminatory, discriminatorily or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 (a) In the event more than one of lay-off, employees within the specific job classifications outlined in Article 25 hereof, shall be laid off by inverse order of seniority provided that there shall be no lay-offs of employees within the bargaining unit until all probationary, part-time and student employees have been laid off. No probationary, part-time or student employees shall be recalled until all members of the bargaining unit have been recalled. (b) When an employee is hired on the same dateto be laid off, the Company will randomly assignprovide the following: (i) to the employee, not less than five (5) business days before such lay-off is to take effect, a written notice containing the date such lay-off is to take effect; (ii) to the Union chairperson, not less than eight (5) business days before lay-offs take effect, a list of the employee or employees to be laid off. It is understood that these notice requirements apply to the initial layoff and will not apply in circumstances where employees are recalled from layoff to work for periods of ten (10) days or less. 26.04 Employees laid off because of curtailment of production or for other reasons, shall be recalled in the presence opposite order to which they were laid off, that is, the last employee laid off shall be the first employee to be recalled. 26.05 Any employee who was laid off in violation of the Plant Chairperson or designate, each provisions of this Article shall be reinstated and shall receive retroactive pay from the time of his wrongful lay- off until such time as he is reinstated. Any employee with a seniority code number, this number will recalled in violation of the provisions shall be used in determining each employee’s seniority standingrecalled and shall receive retroactive pay from the time he should have been recalled. 11.05 The seniority of an 26.06 An employee shall be broken for any one accumulate seniority under the following conditions: (a) during the lay-off not to exceed twelve (12) months; (b) during absence due to illness or accident not to exceed twelve (12) months; (c) during leave of absence granted by the company. 26.07 An employee shall lose his seniority standing under the following conditions: (a) if he leaves the employ of the following reasons:Company; a(b) If he/she if he is discharged for just causejust, retired or voluntarily quits.proper, and sufficient cause and such discharge is not reversed through the Grievance Procedure; b(c) If he/she if he is laid off from for twelve (12) months, or the length of his seniority, whichever is less; (d) if an employee fails after a lay-off, to return to work within four (4) days after the Company for has given such notice of a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, recall by Registered Mail addressed to the employee at his last known address on file with the Companycompany. However, an employee may be reinstated if his failure to return is due to some cause beyond his control, and he has taken all reasonable steps to notify the company of the situation. Such cause may include the failure of the post office to deliver the notice of recall within two (2) working days of mailing. It is the responsibility of the employee to ensure that the company has on file a current address and current telephone number for the employee. c(e) If an employee overstays an approved leave of absence or remains away from work he is absent without permission of management sufficient reason for a period of than more than three (3) consecutive working days. 26.08 The Company shall maintain a seniority list, he/she will which shall be assumed to have forfeited his/her seniority rights under this Agreement dposted on the bulletin board within ten (10) If he/she fails to report to work within five (5) working calendar days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 signing of this Agreement. e. Any objections thereto shall be subject to the grievance procedure, which must be commenced within fifteen (15) If he/she accepts other employment while on leave of absence except with the express permission calendar days of the Company. 11.06 Any employee transferred to a position outside date of the Bargaining Unit will not posting. The Company shall furnish the Union chairperson with two (2) copies of the seniority list. The seniority list shall be returned with their accrued seniority and service to updated at the Bargaining Unitend of every six (6) months thereafter.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month periodSection 1. After the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined separate as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than between three (3) consecutive working daysgroups: Journeymen and Apprentices shall constitute one group. Meat Helpers shall constitute the second group, he/she will and Delicatessen employees shal l constitute the third group. Section 2. Apprentices, when they have completed their training, shall be assumed given their seniority as Journeymen, retroactive to have forfeited his/her their initial date of hire. Section 3. Head meat cutters selected from journeymen in any bargaining unit of Local 653 within the jurisdictional area of this Agreement may be retained in their positions by the employer irrespective of seniority and shall accumulate seniority as journeymen while in the Head meat cutter position. Section 4. For those employees who work forty (40) hours per week or more: (a) Seniority is defined as the length of the employee’s service with each signatory company throughout the operations within the bargaining unit. (b) Regular full-time employees employed to work the basic workweek set forth in Article II hereof shall acquire seniority within the store and company of the Employer covered by this Agreement thirty (30) cal­ endar days after hire. The employee’s seniority shall then date back to his date of hire. (c) Seniority shall apply to layoffs and rehire. The last employee hired shall be the first laid off, and the last employee laid off shall be the first rehired. A reduction of an employee’s work schedule below forty (40) hours per week shall be considered as a partial layoff. (d) When an employee is voluntarily reduced from full­ time to part-time, he shall lose his full-time seniority rights under this Agreement d) If he/she fails and his part-time seniority on the appropriate part-time list shall date from original date of hire. A full-time employee who is involuntarily reduced in hours shall maintain his full-time seniority rights and also has seniority rights on the appropriate part- time list from date of original hire until the resump­ tion of full-time employment. When a part-time em­ ployee is advanced to report full-time he shall have full­ time seniority rights only dating from his most re­ cent assignment to work within five (5) working days full-time work, except the full­ time employee who is reduced involuntarily shall have his seniority date restored as it existed at the time of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days reduction in accordance with the provisions of Article 12.02 of this Agreementhours. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.Section 5. For those employees who work twenty-five

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 An employee 35.01 Seniority is defined as the length of continuous employment with the Employer as determined by the latest date of hire within the Bargaining Unit. Seniority shall not apply during the probation period, however, once the probation period has been completed, seniority shall be regarded as a probationary employee until he/she has worked a total credited from the latest date of sixty (60) working days in any twelve (12) month periodhire within the Bargaining Unit. After Should the completion of the probationary perioddispute arise regarding an Employee’s seniority date, the employee shall be assigned a Employer will provide the Employee and/or the Union with the information necessary to establish the accurate seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05date. 11.02 The termination of a probationary employee 35.02 Seniority shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Codebroken, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations all rights forfeited and concerns. 11.03 Seniority there shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue no obligation to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson recall or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasonsrehire: (a) If he/she when an Employee terminates employment or is discharged for just cause, retired or voluntarily quits.terminated; (b) If he/she is laid off from upon the Company for expiry of a period of time in excess of twenty on layoff for twenty-four (24) months or his/her total recognized seniority, during which ever is greater, with the Company.Employee has not been recalled; (c) If if an employee overstays Employee does not return to work on recall as required, except for reasons acceptable to the Employer; (d) when an approved Employee fails to return to work from a leave of absence or remains away vacation, except for reasons acceptable to the Employer. 35.03 When an Employee requests and is granted a transfer from work without permission a regular position to a casual position their status shall change to that of management for a period Casual Employee. 35.04 Regular Employees who transfer to a temporary position shall retain their seniority. (a) An up-to-date seniority list shall be sent to the Union quarterly, and when any Regular Employee is served notice of more than three layoff. Such list shall indicate each Employee’s classification. (3b) consecutive working daysA seniority listing of all Employees covered by this Collective Agreement shall be maintained in the Human Resources Department. The Union or individual Employee may consult such listing. 35.06 For Casual and Temporary Employees whose status changes to Regular Full-time or Part-time, he/she will the seniority date shall be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within established by dividing their continuous hours worked in the Bargaining Unit by two thousand and twenty-two point seven five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement2,022.75). e) If he/she 35.07 A Regular Employee who accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to or is working in a position outside the jurisdiction of the Bargaining Unit will not be returned with accumulate seniority for this period and will have their accrued seniority and service date adjusted accordingly upon returning to the Bargaining Unit. These positions must be reviewed with the Union annually to discuss continuation of the original assignment.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total Seniority, for the purposes of sixty (60) working days in any twelve (12) month period. After the completion of the probationary periodthis Agreement, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status length of unbroken service within the bargaining unit from the date of the employee based upon his/her established length of service with the Company from the employee’s first day of workemployment in a bargaining unit position. All bargaining unit seniority is lost when employment is severed by resignation, providing retirement, failure to return from a leave of absence, failure to return from recall, abandonment, or discharge. Neither lay-off nor the taking of an approved leave, as provided under this Agreement, shall constitute a break in service. A seniority has not been broken list consistent with this Agreement, shall be prepared by the employer within thirty (30) days of the ratification of this Agreement. The seniority list shall be in rank order of the date of the bargaining unit member's first day of work as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 a bargaining unit member. In the event more than one employee is hired individual has the same first day of work as a bargaining unit member, the relative place of such persons on the same seniority list, with respect to that date of work, will be determined by a drawing. The date, place and time of the Company drawing will randomly assignbe provided, in writing, to the presence Union and all affected members one (1) week before the drawing. The drawing will be conducted openly and at a time and place that reasonably allows all interested bargaining unit members, and particularly those affected, to attend. The President of the Plant Chairperson or designateUnion, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized senioritydesignee shall draw for any person unable to be in attendance. All affected bargaining unit members will be notified, which ever is greaterin writing, of the results of the drawing within forty-eight (48) hours of the drawing. The seniority list shall be published (with notation of the certification/approvals then on file with the Company. cEmployer of each bargaining unit member) and posted conspicuously in the area of each building reserved for bargaining unit members use by October 15th of each school year. Updates of the list shall be published and posted once a year. A copy of the posted seniority list and all subsequent updates shall be provided to the Union. Errors, omissions and/or deletions in or to the list as posted, will be noted and made as required to conform to this Agreement at the request of the Union and notice provided to affected members. All challenges to a seniority list must be made within ten (10) days of the posting of the list. If the challenge results in any corrections, the corrections shall be posted and subject to another ten (10) day challenge period. The District shall incur no liability for relying upon the accuracy of the seniority list. For seniority and salary schedule placement purposes, regular teachers or teachers on lay- off status who are substitute teaching with an employee overstays an approved leave of absence assignment to one specific teaching position serving forty-five (45) or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she or one (1) marking period during a semester, will be assumed to have forfeited his/her given credit for one semester. Bargaining unit personnel working less than full-time will receive salary schedule and seniority rights under this Agreementcredit as follows: d1. Teachers working half-time or less will receive one-quarter (1/4) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreementyear credit for each semester worked. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company2. Teachers working more than half-time will receive full credit for each semester worked. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

SENIORITY. 11.01 ‌ 12.01 An employee shall not have seniority and shall be regarded considered as a probationary employee until he/she has worked attained seniority status by actually working a total of sixty seventy five (6075) working days in any twelve (12) month perioddays. After the completion of the During such probationary period, the employee shall be assigned a period he will have no seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 rights. The termination discharge of a probationary employee will be in the sole discretion of the Company and shall not be arbitrable. 12.02 An updated seniority list will be posted in January and July of each year. A copy of such seniority list shall be considered for just cause unless the termination is contrary mailed to the provisions Toronto area office of the Ontario Human Rights Code, Union and a copy to the Local Union chairperson. (a) All permanent job vacancies in new or if existing jobs within the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based bargaining unit shall be posted on the Company’s expectations and concernsbulletin board for three (3) full working days prior to filling the job vacancy. An employee who is on vacation may request the Local Union Chairperson or designate to submit a request form to the Human Resources Manager on behalf of the employee. 11.03 Seniority (b) The job vacancy shall be defined as filled in accordance with the status provision of Article 12. (c) The name of the successful applicant shall be posted on the bulletin board within three (3) working days following the selection of the successful candidate (a copy of such posting shall be sent to the Local Union Chairperson and the successful applicant). (d) During the first thirty working days in a new position, an employee based upon shall be paid a training rate of $1.00 per hour less than the regular rate for that position. If the employee’s previous wages are more than his/her established length of service with training rate, the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with servicewage will be frozen for thirty working days. 11.04 (e) In the event more than one employee is hired on the same dateCompany determines to not fill a posting referred to in Article 12.03(a) above, the Company will randomly assignadvise the Unit Chairperson as to the reasons for not filling the posting. 12.04 In all cases of promotion or filling of any permanent job vacancies, the following factors shall be considered. (a) seniority; (b) skill and ability; and (c) physical fitness and reliability. Where the qualifications in factors (b) and (c) are relatively equal, factor (a) shall govern. (a) Temporary transfers may be made for a period not exceeding twenty-five (25) working days, unless the parties agree to a period exceeding twenty-five (25) working days. The provision of Article 12.03 and 12.04 shall not apply to any temporary assignments pursuant to this clause. (b) An employee temporarily transferred for the convenience of the Company for one (1) full shift shall be paid the higher of the rate of the job or his regular rate. (c) An employee temporarily transferred due to lack of work or to avoid lay off for one shift shall be paid the rate of the job. Temporary transfers will not be used for vindictive or disciplinary reasons. 12.06 Employees promoted to supervisory or other positions, which disqualify them from being subject to this Agreement shall accumulate seniority for a period of three (3) months following such transfer and should such employees decide to return to the bargaining unit or are returned by the Company during the three (3) months period, they shall be returned to the job classification and department held by such employee immediately prior to such transfer. No employee subject to the above may return to the bargaining unit once the three (3) month period has expired, other than as a new employee. This provision will apply once only for an employee. 12.07 Temporary layoff shall be a layoff not exceeding five (5) working days. In the case of a temporary layoff as defined herein, the provisions of Article 12.04 shall not apply. (a) In all cases of layoff or recall from layoff, seniority shall be the governing factor except when the employee does not have the ability to perform the work in question. (b) The affected employee(s) shall have the right to displace less senior employees in other classifications and departments provided that the employee has the ability to perform the work in question and provided that there shall be no bumping into a higher rated position unless the employee has previously satisfactorily performed the job in question, in which case the presence employee will be given a thirty (30) day trial period. (c) In the case of a layoff exceeding five (5) working days, then the Company shall first determine the classification and department and number of employees to be affected. The Company shall then issue notice of layoff to the least senior employees in the affected classification and department(s) provided that the remaining employees have the ability to perform the work in question. 12.09 The local Union President shall be notified in advance of the Plant Chairperson or designate, each employee with a seniority code number, this number names of any employees slated for layoff and the expected duration of same. All layoffs of more than five days shall occur at the end of the regular work week. The Employer will be used in determining each employee’s seniority standingalso advise the Union of all recalls. 11.05 The 12.10 Subject to 12.11, seniority shall be maintained and accumulated during; (a) Absence due to layoff, sickness or accident; (b) Authorized leave of an absence. 12.11 An employee shall lose his seniority standing and employment and his/her name shall be broken removed from all seniority lists for any one of the following reasons:; (a) If the employee voluntarily quits; (b) If the employee’s discharge is for just and reasonable cause and he/she is discharged for just cause, retired or voluntarily quits.not reinstated in accordance with the provisions of this Agreement; b(c) If he/she the employee is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she and fails to report return to work within five (5) working days of receiving notification of recall from layoff after he/she has been notified to do so by verifiable the Company by registered mail to his/her last known address, address (a copy of such notice shall be sent to the union and a copy to the Local Union Chairperson); (d) If the employee has been laid off for lack of work or five a period equal to his/her seniority to a maximum of eighteen (518) days in accordance with the provisions of Article 12.02 of this Agreement.months; (e) If he/she accepts other employment while on an employee is absent without permission for two (2) consecutive working days, without notifying the Company, except where the employees establish to the satisfaction of the Company that the failure to return to work and the failure to notify the Company are due to circumstances beyond the control of the employee; (f) Fails to return to work upon the expiration of a leave of absence except with or utilizes a leave of absence for a purpose other than that for which it was granted. 12.12 The Company will supply the express permission Local Union President of the Company.Union, or in his absence, one 11.06 Any employee transferred to a position outside (1) member of the Bargaining Unit will not be returned with their accrued seniority and service Union Executive Committee, monthly, the names of persons who have been: (a) Recalled to the Bargaining Unit.work (b) New Hires

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee 11.1 Seniority shall be established and maintained for all employees in the Bargaining Unit as determined within this agreement 11.2 Employees will be regarded as a probationary employee until he/she has worked a total during the first six (6) months of sixty (60) working days in any twelve (12) month period. After the continuous employment. 11.3 Upon successful completion of the probationary period, an employee will be credited with seniority retroactive to the employee shall be assigned a seniority date as of his/her employee's first day worked, providing seniority has not been broken worked under the terms of this agreement or date of hire where established as per Article 11.05a bargaining unit employee prior to the effective date of this agreement. 11.02 11.4 The termination Seniority list will be revised every three (3) months and posted on designated plant bulletin boards and a copy of the seniority list will be forwarded to the union office. 11.5 For employees who have the same date of hire, their seniority ranking will be determined by way of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, draw conducted in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standingunion representative. 11.05 The seniority of an 11.6 A bargaining unit employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she who accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will bargaining unit on a permanent basis and who maintains the payment of the equivalent of Union dues shall maintain but not be returned with their accrued accumulate seniority and service for a period of up to twelve (12) consecutive months. Should the employee wish to return to his/her previous classification prior to the Bargaining Unitend of the twelve (12) months or should the Company wish to return the employee to his/her previous classification, the employee may exercise seniority to bump a junior employee as per article 15 of the Collective Agreement or accept a vacancy based on his/her seniority. Further, providing there is a vacancy and if the Company allows the employee to return after twelve (12) consecutive months, the employee shall continue with all his/her benefits as entitled under the unbroken service criteria, however, his/her seniority date shall be his/her re-entry date into the bargaining unit. Any exceptions must be agreed to between the parties. 11.7 A bargaining unit employee may accept a position outside of the bargaining unit on a temporary basis for a period of up to twelve (12) consecutive months. During such temporary assignment, the employee shall maintain the payment of dues and accumulate seniority. At the end of the temporary assignment, the employee shall return to his/her previous permanent position. Any exceptions must be agreed to between the parties. 11.8 A classification seniority date shall be established as seniority held as of the effective date of this Agreement and thereafter the date of entry into the classification. The classification seniority shall be used for vacation selection and job postings within the same classification. Filling of required positions on recognized holidays shall be by classification and shift, on a rotating basis.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 16.01 An employee will be considered on probation and will not be subject to the seniority provisions of this Collective Agreement, nor shall her name be regarded as a probationary employee placed on the seniority list until he/after she has worked a total completed eighty-four (84) calendar days of sixty (60) working days in any twelve (12) month periodwork with the Gallery. After the Upon completion of the such probationary period, the employee employee's name shall be assigned a placed on the appropriate seniority list with seniority dating from the date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 she was last hired by the Gallery. The termination dismissal of a probationary employee shall not be considered the subject of a grievance. 16.02 Employees who hold both a full-time and part-time position with the Gallery must complete the appropriate probationary period for just cause unless each position. 16.03 Seniority will be maintained, but shall not accumulate, during leaves of absence without pay in excess of six (6) months. Seniority will be 16.04 Seniority lists shall be revised every six (6) calendar months (January 1st and July 1st), by the termination is contrary Staff and Volunteer Resources Division. A copy of the list shall be provided to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based Union Local President and posted on the Company’s expectations designated bulletin boards throughout the Gallery. It is also agreed and concerns. 11.03 Seniority understood that each list shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company remain posted for a period of time in excess of twenty four twelve (2412) months or his/her total recognized seniority, which ever is greater, with the Company. c) months. If an employee overstays does not challenge the position of her name on the seniority list within the first (1st) fourteen (14) calendar days from the date her name first appears on a seniority list, provided she is at work when the list is posted, then she shall be deemed to have proper seniority standing. In the event the employee is not at work when the list is posted, she must object to her seniority standing within fourteen (14) calendar days from the date she returns to work. 16.05 A person shall lose all seniority and shall be conclusively deemed to have terminated employment with the Gallery if she: (a) voluntarily quits the employ of the Gallery; or (b) is discharged and such discharge is not reversed through the Grievance Procedure; or (c) fails to report to work within seven (7) calendar days after being notified by the Gallery to report for work, unless a satisfactory reason is given; or (d) is absent for three (3) consecutive working days unless a satisfactory reason is given; or (e) fails to return to work upon the termination of an approved authorized leave of absence unless a satisfactory reason is given or remains away from work without permission utilizes a leave of management absence for purposes other than those for which the leave of absence was granted, unless a period satisfactory reason is given; or (f) is absent due to layoff of more than six (6) months in the case of employees with seniority of less than six (6) months; or (g) is absent due to layoff of more than twelve (12) months in the case of employees with seniority of more than six (6) months but less than three (3) years; or (h) is absent due to layoff of more than eighteen (18) months in the case of employees with seniority of more than three (3) consecutive working days, he/she will be assumed years; or (i) is absent due to have forfeited his/her layoff of more than twenty-four (24) months in the case of employees with seniority rights under this Agreement d) If he/she fails to report to work within of more than five (5) working days years. 16.06 It shall be a condition of receiving notification employment that employees provide the Gallery with their current address and telephone number and further shall notify the Gallery in writing of recall any change of address or telephone number. The Gallery shall be entitled to rely upon the last address and telephone number furnished by the employee for all purposes. 16.07 When a full-time employee is transferred from layoff the full-time bargaining unit to a regular part-time position in the part-time bargaining unit, such employee will maintain her seniority accumulated as of the date of the transfer. Such seniority will be exercisable only in the full-time bargaining unit should such employee return to that unit. While in the part-time bargaining unit, the employee will accumulate seniority in accordance with Article 3 - Seniority of the Part-time Collective Agreement. Should the employee return to the full-time bargaining unit, her seniority in the full- time unit will be that accumulated at the time of transfer into the part-time unit plus the seniority accumulated in the part-time unit in accordance with Article 3.08 - Seniority of the Part-time Collective Agreement. (a) When a part-time employee is transferred to a regular full-time position in the full-time bargaining unit, her service and seniority in the part-time bargaining unit shall be transferred to the full-time bargaining unit and converted on the basis of one (1) year equals one thousand, eight hundred (1,800) hours. (b) When a full-time employee is transferred to a regular part-time position in the part-time bargaining unit, her service and seniority in the full-time bargaining unit shall be transferred to the part-time bargaining unit and converted on the basis of one (1) year equals one thousand, two hundred (1,200) hours. . (c) When a temporary full-time position is filled by verifiable mail a part-time employee, her hours worked in the temporary full-time position shall be applied to his/her last known addressservice and seniority in the part-time bargaining unit for the duration of the assignment or until the employee is hired and transferred to a regular full-time position as per Article 16.07 (a) - Seniority. 16.08 When a full-time employee who has previously worked as a regular part- time employee is transferred from the full-time Bargaining Unit to a regular part-time position in the part-time Bargaining Unit, or five (5) days such employee will be able to carry with her any part-time seniority previously accumulated in accordance with Article 3 - Seniority of the Part-time Collective Agreement. Such existing part-time seniority shall be exercisable in the part-time unit in accordance with the provisions of Article 12.02 of this Agreementapplicable seniority provisions. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60a) working days in any twelve (12) month period. After the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered Seniority for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority full-time employees shall be defined as the status of the employee based upon his/her established length of continuous service with the Company from Employer in the first day of work, providing seniority has not been broken bargaining unit as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event a full-time employee. When more than one (1) employee is promoted to full-time on the same date, the employee’s part-time seniority date shall be the governing factor for placement on the schedule, vacation planning and layoff/reduction of hours. (b) Seniority for part-time employees shall be defined as length of continuous service with the Employer in the bargaining unit. (c) The Employer agrees that employees who are transferred into the bargaining unit for operational reasons shall retain all seniority rights. An employee who transfers into the bargaining unit as a matter of personal convenience shall retain only seniority for the purpose of health and welfare and vacation benefits. Employees promoted out of the bargaining unit shall retain their seniority for a period of up to six (6) months. (d) When two or more employees are hired on the same date, their seniority shall be determined by alphabetical order of surname at date of hire. In addition, where there are two (2) or more employees whose name begins with the Company same letter, the next letter will randomly assignbe used. Where the last names are the same, in the presence first name of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standingused. 11.05 The (e) “Office” and “Customer Service” employees are not to be scheduled more hours than their seniority of an employee entitles them to receive. 11.2 Seniority and employment shall be broken for any one of the following reasonsterminated when: (a) If he/she An employee quits or is discharged for just cause, retired or voluntarily quitsterminated and not reinstated through Article 16 and 17. (b) If he/she is laid An employee fails to report back to work after seven (7) days when recalled from lay-off. An employee has to be recalled from lay-off from by registered mail at the Company last known address on file with the Employer. (c) An employee has been on lay-off and has not worked for a period of time in excess of twenty four six (246) months or his/her total recognized seniority, which ever is greater, with the Companymonths. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee 9.01 The seniority date of all Regular Employees shall be regarded the date on which the Regular Employee commenced employment with the Employer including all prior periods of uninterrupted service as a Casual, Temporary, or Regular Employee. 9.02 Seniority shall not apply during the probationary employee until he/she period; however, once the probationary period has worked been completed seniority shall be credited from the seniority date established pursuant to Article 9.01. 9.03 Seniority shall be considered in determining: (a) preference of vacation time in the Annual Vacation Article of this Collective Agreement; (b) layoffs and recalls, subject to the provisions specified in Layoff and Recall Article of this Collective Agreement; (c) promotions and transfers and in filling vacancies within the Bargaining Unit subject to the provisions specified in the Appointments, Transfers and Promotions Article of this Collective Agreement; (d) the selection of available rotations by Employees on a total unit affected by a new master rotation that does not change an Employee’s Full-time equivalency (FTE). 9.04 Seniority shall be considered broken, all rights forfeited, and there shall be no obligation to rehire: (a) when the employment relationship is terminated by either the Employer or the Employee; (b) upon expiry of sixty (60) working days in any twelve (12) month period. After months following the completion date of layoff, if during which time the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority Employee has not been broken recalled to work; (c) if an Employee does not return to work on recall, as per provided in of the Layoff and Recall Article 11.05.of this Collective Agreement; 11.02 The termination 9.05 Within three (3) months of a probationary employee shall be considered for just cause unless the termination is contrary signing date of this Collective Agreement the Employer will post on the Bulletin Board provided pursuant to the provisions of Article 34 - Bulletin Board Space, a seniority list containing the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or name and seniority date of each Regular Employee in bad faithchronological order. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number list will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of updated by the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four Employer not less frequently than every six (246) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave thereafter. Copies of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she said seniority lists will be assumed provided to the Union following posting. The Union shall have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five thirty (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (530) days in accordance which to take issue with the provisions of Article 12.02 of this Agreementseniority list, otherwise the seniority list will be deemed to be correct. e) If he/she accepts other employment while on leave of absence except 9.06 Should a difference arise regarding an Employee’s seniority, the Employer will provide the Employee with the express permission of the Companyinformation necessary to establish accurate seniority. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 ‌ (a) An employee shall will be regarded as a probationary employee considered on probation and will not acquire seniority until after he/she has worked for a total of sixty ninety (6090) working days for the Employer, when his/her seniority shall commence from the date of last hire. For the purposes of vacation requests (Article 18), job postings (Article 26 and Article 27) and layoff and displacement (Article 16), separate seniority lists will be kept for the full-time employees and regular part-time employees. (b) In the event a regular part-time employee is hired as a full-time employee without a break in any service, all hours previously worked as a regular part-time employee in this bargaining unit shall be considered as accrued seniority on the basis of one (1) year’s seniority for every 2080 hours worked. These hours will be pro-rated for sessional employees or for positions with less than 2080 annual hours. 16:02 A sessional employee shall be deemed to be in the continuous employ of the Employer for the purpose of seniority if he/she is employed a minimum of eight (8) consecutive months in a twelve (12) month period. After the completion of the probationary period, the A sessional employee shall not be assigned a seniority date as of entitled to exercise his/her first day worked, providing seniority has not been broken as per in accordance with Article 11.0516:07 in order to displace a regular employee during the period in which the sessional employee is laid off following the session. 11.02 The termination 16:03 A seniority list containing the names, classifications, employing department and seniority of employees will be forwarded in an electronically readable format to the Local Union President on a probationary quarterly basis, i.e. January, April, July and October of each calendar year. 16:04 An employee shall lose all seniority and deemed to be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or terminated if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits., resigns or retires the employ of the University; b) If he/she is justifiably discharged; c) has been laid off from the Company for a period of time in excess of more than twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreementmonths; d) If he/she following a layoff, fails to report to work advise the Employer within five (5) working days of receiving notification receipt of recall from layoff notice to return to work of his/her intention to return or fails to report for work on the date and at the time specified in the notice; e) accepts a position outside the bargaining unit for a period of more than one hundred and eighty (180) calendar days unless an extension is agreed to by verifiable mail the Union. For periods of less than one hundred and eighty (180) calendar days an employee may return to his/her last known address, or former position with seniority re-instated to the date of leaving the bargaining unit position; f) is absent from work for five (5) consecutive working days without notifying the Employer, and providing a reasonable explanation for such absence, in accordance with the provisions of Article 12.02 of this Agreement. e) If which case he/she accepts other shall be deemed to have resigned his/her employment while on with the Employer. g) fails to return to work upon the cessation of an authorized leave of absence except with unless the express permission failure to return to work is due to circumstances beyond the employee’s control. 16:05 It shall be the duty of the Companyemployee to notify the Employer promptly of any change of address or telephone number. If any employee should fail to do so the Employer may take disciplinary action. The Employer shall not be responsible for failure of any notice to reach the employee. 11.06 16:06 In the event of a layoff, the Employer agrees that employees shall be laid off in the reverse order of their seniority. The employees shall be recalled to work in order of their seniority. 16:07 Any employee transferred who is laid off may displace an employee with less seniority in the same classification or a lower classification wherein it is determined that he/she is qualified and capable of performing the duties of that classification. 16:08 In determining the ability of an employee to perform work in a position outside classification covered by the terms of the Bargaining Unit Agreement, the Employer will not consider the qualifications and the ability of the employee to perform the normal requirements of the job satisfactorily. Where the qualifications are relatively equal between the employees affected, seniority shall be returned with their accrued the governing factor. 16:09 An employee recalled to work in a different department or a different classification from which he/she was laid off shall have the privilege of returning to the position he/she held prior to the layoff should it become vacant. 16:10 Employees on layoff are entitled to apply for any job vacancies arising out of a job posting. 16:11 An employee who has been discontinued from long term disability benefits, and is certified medically fit to return to work in a classification other than the classification in which he/she was employed immediately prior to receiving long term disability benefits, may exercise his/her seniority and service displace an employee in an equivalent or lower classification once only, providing the following qualifications are met: 1. the employee must have exhausted all sick leave credits prior to exercising his/her seniority; 2. the Bargaining Unitemployee must be certified as being medically fit to perform all of the duties within the classification of the employee being displaced; and 3. the employee must have the knowledge, ability, and skill to perform all of the duties within the classification of the employee being displaced. Notwithstanding the above, the Employer will have the option of assigning the employee to any vacant bargaining unit position within reason, providing the employee is medically fit and qualified to perform such work.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 An Section 7.1 Seniority shall be station wide and include all persons working under this Collective Agreement. Section 7.2 In the event of a layoff, the Company shall consider the qualifications of the employees; where the qualifications are relatively equal, the employee's seniority shall be the determining factor. Section 7.3 Seniority lists shall be prepared with names and addresses and posted by the Company every six (6) months. The Company will also forward to the Local Union a seniority list containing the names, addresses and social insurance numbers in March and September of each year. Section 7.4 Employees shall be considered probationary until placed on the seniority list. Once an employee has exceeded twenty-four (24) hours in any one (1) work week, such employee shall work under the provisions of this Agreement and shall be on a probationary basis for the ensuing work period of forty-five (45) calendar days. During this period he may be discharged or disciplined without recourse to the Grievance Procedure. In the event that a probationary employee is laid off and later recalled the time of the probationary period will be cumulative providing the period of layoff did not exceed thirty (30) calendar days. Upon completion of the forty-fifth (45th) calendar day, the employee shall be regarded either discharged or placed on the regular seniority list, as of the date of commencement of his probationary period. Section 7.5 Employees promoted to supervisory positions, or positions not subject to this Agreement, will retain their seniority after promotion for a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month periodperiod only. After the completion of the probationary If demoted for any reason, or if they voluntarily request reinstatement to their former position during this period, the time served in the supervisory position shall be included in their seniority rating. Such employee shall forfeit any and all recourse to the Grievance Procedure as outlined in this Agreement, should he be assigned subsequently discharged in such a seniority date as position beyond the jurisdiction of his/her first day worked, providing seniority has not been broken as per Article 11.05this Agreement. 11.02 The termination of a probationary employee Section 7.6 An employee's seniority shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken terminated for any one of the following reasons: (a) If he/she if an employee voluntarily quits; (b) if an employee is discharged for just cause, retired or voluntarily quits.and is not reinstated pursuant to the Grievance Procedure as provided in this Agreement; b(c) If he/she is if an employee has been laid off from the Company for a period of time in excess of twenty and not employed elsewhere and has refused to return to work within twenty-four (24) months hours after being contacted personally. When the employee cannot be contacted or his/her total recognized seniorityis employed elsewhere, which ever is greater, with then the Company.Company will notify the employee by registered mail to his last known address to return to work and he will be allowed no more than seven (7) consecutive days from the date of notification to report for duty; c(d) If if an employee overstays an approved a leave of absence without securing an extension in writing of such leave of absence, or remains away if he takes employment other than that declared and agreed upon when applying for the leave of absence; (e) if an employee is absent from work without permission securing a leave of management absence for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service where there are reasons acceptable to the Bargaining Unit.Company for the absence; (f) if an employee is laid off and not recalled for a period extending beyond twelve

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month periodSection 1. After the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the length o f an ^ employee’s service from his last date of hire. For multi-store operations, seniority shall be on an area basis (in accordance with areas previously agreed upon between the Union and each Company). Provided, that if the Employer temporarily transfers an employee out o f his regular seniority area for the benefit of the Employer and such transfer involves additional transportation expense, the employee shall be reimbursed for the additional cost at public transportation rates. Provided further, that employees working full time on other j'obs (i.e., moonlighters) shall have seniority only among themselves and, individually and collectively, shall be considered to have lower seniority than all other employees. . Section 2. For the purposes o f layoff, recall (reinstatement Jy after layoff), permanent transfer from one store to another', (except when such transfer is made to staff a new store), and/or permanent transfer from one type of work to another, / an employee’s seniority shall be considered along with his ex- 'y perience and ability to perform the available work, and if all •£ other considerations are reasonably equal, seniority shall be the controlling factor. If it ever becomes necessary to change the status of a full-time employee, either by layoff or reduc- | tion to part-time status, the employee based upon his/her established length of service with Union and the Company from Employer shall , confer within forty-eight (48) hours after notification to the first day of work* Union regarding the contemplated layoff or hours reduction, providing seniority has not been broken as per article 11.05■ and whatever arrangements are made for the layoff or hours 0 , and reduction shall continue to accumulate during layoff in conjunction with service.be final. I V 11.04 Section 3. In the event more than one o f a decrease in the work force, a senior employee not subj'ect to layoff may accept a layoff in lieu of a j'unior employee who is hired on capable of performing the same datesenior employee’s work. The procedure for this option is that the Employer shall, if reasonably practicable, post a five- (51- day layoff notice, and during this period a senior employee not subject to layoff may notify the Employer that he prefers to accept a layoff in lieu of a qualified junior employee, and any such request shall be granted by the Employer in accord­ ance with seniority. Section 4(a) For the purpose of promotions, the Company will randomly assign, in Employer has the presence of right to make the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standingfinal decision after giving due con­ sideration to seniority. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 2 contracts

Samples: Labor Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 An employee ‌ (a) A Regular Employee’s Seniority Date shall be regarded the date on which a Regular Employee’s continuous service in the Centre’s employ commenced within the bargaining unit, including all prior periods of service as Casual, Temporary or Regular Employee contiguous to present regular employment. (b) Seniority shall not apply during the probationary period; however, once the probationary period has been completed seniority shall be credited from the seniority date established pursuant to Clause 9.01 (a). 9.02 Seniority shall be considered in determining: (a) Preference of vacation time in the Annual Vacation article. (b) Layoffs and recalls, subject to the provisions specified in the Layoff and Recall article. (c) Promotions and in filling vacancies within the bargaining unit subject to the provisions specified in Appointments, and Promotions article. (d) The selection of available rotations by Employees on a probationary employee until heunit affected by a new master rotation (changes to shifts, shift cycles or shift patterns) that does not change an Employee's Full-time equivalency (FTE) or does change an Employee’s Full-time equivalency or employment status. (e) Distribution and allocation of casual shifts or any other available shifts or additional shifts/she has worked a total hours of sixty work subject to the provisions specified in Article 35 - Casual Shifts. 9.03 Seniority shall be considered broken, all rights forfeited, and there shall be no obligation to rehire: (60a) working days in any when the employment relationship is terminated by either the Employer or the Employee; (b) upon the expiry of twelve (12) month period. After months following the completion date of layoff, if during which time the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority Employee has not been broken recalled to work; (c) if an Employee does not return to work on recall, as per Article 11.05provided in the layoff and recall article. 11.02 9.04 The termination Employer will post in a conspicuous place accessible to all employees, a seniority list containing the name and seniority date of a probationary employee shall each regular and temporary Employee in chronological order. The seniority list will include the names of each casual Employee for information purposes. 9.05 The seniority list will be considered for just cause unless updated by the termination is contrary Employer not less frequently than every six (6) months. Copies of said seniority lists will be provided to the provisions of Union and Chapter Chairperson following posting. Should a difference arise regarding an Employee's seniority, the Ontario Human Rights Code, or if Employer will provide the termination is arbitrary, discriminatory, or in bad faith. The Company agrees Employee with the information necessary to perform evaluations of probationary employees, based on the Company’s expectations and concernsestablish accurate seniority. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 9.06 In the event more than one employee is hired on seniority dates are the same, the Employee with the earliest dated letter of hire shall be deemed to have the most seniority. In the event that Employees with the same dateseniority dates also have letters of hire with the same dates, the Company will randomly assign, in Employee with the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee earliest dated application shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed deemed to have forfeited his/her the most seniority. In the event the tied seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will cannot be returned with their accrued seniority and service to resolved in this manner, the Bargaining Unittie shall be resolved by a coin toss.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month period. After the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 A. Seniority shall be defined as the status length of continuous employment within the district as a member of the bargaining unit. Accumulation of seniority shall begin on the employee's first working day. A paid holiday shall be counted as the first working day in applicable situations. In the event that more than one individual employee based upon his/her established length has the same starting date of service with work, position on the Company from seniority list shall be determined by drawing numbers. B. Probationary employees shall have no seniority until the completion of the probationary period at which time their seniority shall revert to their first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In C. All employees shall hold seniority "within district," and "within classification." The first shall reflect his/her most recent date of hire by the event more than district. The second shall reflect his/her most recent date of district employment in one employee is hired on the same dateof its classifications. For purposes of this provision, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee all employees shall be broken for any placed in one of the following reasonsclassifications based on their current assignments: a1. Custodial/Maintenance 2. Secretary (Office) 3. Xxxx 4. Aide 5. Bus Driver D. The administration shall prepare, maintain and post the seniority list. The initial seniority list shall be prepared and posted conspicuously in all buildings of the district within thirty (30) If he/she is discharged days after the effective date of this Agreement with revisions and updates prepared and posted semiannually thereafter. A copy of the seniority list and subsequent revisions shall be furnished to the Association. It shall be the responsibility of the Association to review the seniority list as issued by the administration and to notify the administration of any errors therein within twenty (20) work days of its issuance. Errors not raised to the administration within said time may not be raised as the basis for just cause, retired or voluntarily quitsgrieving any personnel action based upon such seniority list. b) If he/she is laid off from the Company E. State and Federal programs and statutes shall be observed where applicable for a period of time in excess of twenty four (24) months or his/her total recognized seniorityspecially funded programs. Except where prohibited, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her all employees shall receive seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days as provided in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other F. Seniority shall be lost by an employee upon termination, resignation, retirement or transfer to a non-bargaining unit position, i.e. continuous employment while on leave of absence except with in the express permission of the Companybargaining unit is broken. 11.06 Any employee transferred G. Seniority for employees on layoff shall be retained until such laid off employee's right to a position outside of the Bargaining Unit recall, as stated in Reduction In Personnel Article, expires. Time during layoff will not be returned with their accrued counted toward seniority and service to the Bargaining Unitaccumulation.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 An employee 20.1 Seniority for full-time employees will be measured in days using the calculation of regular hours of paid work divided by seven (7). Seniority for permanent part-time employees will be measured in days using the calculation of regular hours of paid work divided by seven (7), plus a percentage bonus that is applied continuously throughout employment. In the first and second year of employment the part-time seniority bonus applied shall be regarded as a probationary employee until he/she has worked a total ten percent (10%). In the third and fourth years of sixty (60) working days in any twelve (12) month period. After employment the completion of the probationary period, the employee bonus applied shall be assigned a fifteen percent (15%). In the fifth and all subsequent years of employment the bonus applied shall be twenty percent (20%). In no case will this formula for part time workers result in more than 5 days seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05week. 11.02 The termination of a probationary employee 20.2 For all Employees time on authorized unpaid leave shall be considered equivalent to paid time for just cause unless the termination is contrary purposes of determining seniority. For greater clarity, overtime work shall not be included in determining seniority. Seniority shall determine, within the Bargaining unit, priority for appointments to the provisions of the Ontario Human Rights Codevacant and new positions, layoff and recall, vacation scheduling and other rights or if the termination is arbitrary, discriminatory, or benefits to which seniority applies in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concernsthis agreement. 11.03 20.3 Seniority shall be defined as terminate when the status Employee voluntarily resigns, retires, when term employment ends and there is a break in employment of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (246) months or his/her total recognized senioritymore, which ever or is greater, with discharged and not reinstated through the Company. c) If grievance procedure or arbitration. Seniority shall also terminate where an employee overstays Employee fails to return from an approved authorized leave of absence without sufficient explanation, or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report return to work from layoff within five seven (57) working days of receiving notification of a recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreementnotice. e) If he/she accepts other employment while on leave 20.4 In the event of absence except with a lay-off the express permission Employer shall lay-off Employees in reverse order of seniority providing that the Companyremaining Employees have the qualifications and ability to perform the work available. 11.06 Any employee transferred 20.5 Employees shall be recalled in reverse order providing they have the qualifications and ability to a position perform the work available. 20.6 A seniority list shall be appended to the Collective Agreement. The Employer shall post an up-to-date seniority list on January 1 and July 1 of each year. The Employer will provide these lists to all Employees working outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining UnitNational Office.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 8.01 Seniority, as referred to in this agreement shall, mean length of continuous service in the bargaining unit, and shall prevail on an office- wide basis. Seniority shall be applied in determining preference for filling of job postings, vacations, layoffs and recall, and as set out in other provisions of this agreement. 8.02 An employee shall be regarded as a considered probationary employee until he/she has worked a total of for sixty (60) working days in any twelve (12) month and will have no seniority rights during this period. After the completion of the probationary period, seniority shall date back to the employee shall be assigned a seniority date as of on which his/her first employment began. 8.03 A seniority list shall be posted on the bulletin board, by the Company, within thirty (30) days of the signing of this agreement. An up- to- date copy of this seniority list shall be supplied to the Union every six (6) months. (a) The company recognizes that in filling job vacancies (except positions excluded from the bargaining unit) senior employees shall be entitled to preference. (b) Before awarding a permanent vacancy to an employee under this subsection, notice of the vacancy and a copy of the C.W.S. Job Description will be posted for three (3) working days, during which time employees may apply in writing for the position. An employee may apply for a vacancy which would not be a promotion to him/her, through the established procedure, when a vacancy exists. The successful applicant to a lateral or downward move will not be permitted to make a further lateral or downward move for a period of six (6) months. (c) The Company will grant a ten (10) day workedfamiliarization period to the successful applicant of a job posting. In the event that the Employee cannot satisfactorily perform the job after the familiarization period, providing seniority has not been broken he/she will be returned to his/her previous position. (d) A vacancy will be temporary for up to three (3) months, this three (3) month period may be extended by mutual agreement. When it becomes apparent that a temporary vacancy will extend beyond three (3) months, the Company will post and award the temporary vacancy as per Article 11.05article 8.04 (a), (b) and (c) and such postings shall include the expected date of duration. During the period up to three (3) months, the Company has the right to subcontract out the work but will make a good faith effort to temporarily assign the work to a bargaining unit employee. While a temporary vacancy in excess of one (1) day is being filled by a bargaining unit employee, he or she will retain his/her permanent rate of pay or the new rate, whichever is the greater. Experience gained during a Company initiated temporary posting will not be counted as experience for an application for a permanent job posting. 11.02 The termination (e) If a bargaining unit employee is requested by the Supervisor to train another employee or a temporary replacement, the trainer will be paid the greater of a probationary employee rate of two (2) job classes higher than the job class they are required to teach or two (2) job classes higher than their current rate of pay. (a) Where circumstances require a reduction in the work force for a period to exceed five (5) working days, office seniority shall be considered for just cause unless the termination is contrary governing factor providing the employee has the ability to perform the provisions available work. Outside temporary workers, followed by probationary employees will be the first to be laid off. Then, in order of seniority, employees affected by the layoff, (or the recall of such employees) shall have the opportunity to displace the least senior employee in the same classification, a higher classification or a lower classification. In recognition, however, of the Ontario Human Rights Coderesponsibility of the Management for the operation of the office, or it is understood and agreed that Management shall have the exclusive right to pass over any employee if it considers that the termination is arbitrary, discriminatory, or in bad faithemployee does not have the ability to perform the work available. The Company agrees not to perform evaluations of probationary employees, based on the Company’s expectations and concernsuse this consideration in an unreasonable manner. 11.03 Seniority shall be defined as the status (b) Temporary lay-offs of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has work force for not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one five (5) working days, may be made without the application of the lay-off provisions of this Agreement, provided that no employee is hired on may be temporarily laid off under this sub-section for more than ten (10) working days in a calendar year. The Company and the same dateUnion may, by mutual agreement, extend the application of this sub-section. During such temporary situations, the Company will randomly assign, retain senior employees when time and circumstances permit. (c) Employees will be considered for recall in order of seniority. (d) The Company will grant two (2) months notice in the presence event of the Plant Chairperson a planned, permanent, plant closure or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standingplanned relocation of its operations. 11.05 8.06 The Company will endeavour to place employees who are disabled in their employment with the Company on jobs which they are capable of performing. 8.07 An employee will lose his seniority of an employee shall be broken with the Company for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits.; b) If he/she is laid off from discharged and such discharge is not reversed through the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company.grievance procedure; c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she is laid off and fails to report return to work within five (5) working days of receiving notification of recall from layoff after he/she has been notified to do so by verifiable registered mail to his/her last known address, or five (5; d) days in accordance with If he/she overstays a leave of absence without cause acceptable to the provisions of Article 12.02 of this Agreement.Management; e) If he/she accepts other absents himself/herself for more than three (3) working days without notifying Management; f) In the event of unexpected accident or illness, the employee must advise the Company as soon as possible and upon his/her return must supply a medical certificate where the Company so requests; g) An employee who has less than five (5) years seniority at the date of lay-off will have his/her seniority maintained during continuous lay-off for a period of one (1) year. An employee who has five (5) years or more seniority at the date of lay-off will have his/her seniority maintained during continuous lay-off for a period of two (2) years. h) An employee away from work because of accident or illness and who has properly reported such accident or illness will be subject to the provisions of clause 8.07 (g). i) An employee will accumulate credit for continuous service while absent due to an industrial accident or illness during the period of time that the Workplace Safety & Insurance Board determines that the employee is temporarily totally disabled or until such time as the Workplace Safety & Insurance Board determines that such employee is permanently and totally disabled and unable to return to employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred 8.08 The Company and the Union agree to a position outside of meet and review the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unitneed for establishing testing for new job postings or for re-testing current position(s) before implementing any such test.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 An 15:01 The Employer shall post and supply the Union with a full-time seniority list and a part- time seniority list each January and July, showing the employees their start date and seniority by paid hours since their last date of hire. (a) In the event that a part time employee should become a full time employee, such employee's name will be removed from the part time employee's seniority list. Such employee shall be regarded as credited with all accrued seniority to the date of her becoming a probationary full time employee until he/she has worked in accordance with the following formula: Number of year to date hourly Units, each Unit of 75 hours will equal two (2) calendar weeks of full time seniority. Such employee will be given a total seniority date on the full time employee's seniority list, which will reflect the amount of sixty her full time seniority determined in accordance with the foregoing formula. (60b) working days in any twelve Where a part time employee transfers to full time, all benefits (12ie. sick leave, health and welfare, etc.) month period. After which are applicable to the completion full time but not part time employees, shall commence on the first day of the probationary period, month that occurs after the thirty (30) day trial period is complete. Until such time the employee shall be assigned a seniority date as continue receiving part time in lieu of his/her first day workedbenefits, providing seniority has not been broken as per Article 11.0524:07. When employees transfer from full time to part time, they will continue full time benefits to the last day of the month in which they transfer and start part-time in lieu of benefits as per Article 24:07 on the first day of the following month. 11.02 The termination of a probationary employee 15:03 Where two (2) or more employees have the same seniority, seniority shall be considered for just cause unless the termination is contrary as per alphabetical order of their last name as of their last date of hire. 15:04 The appointment, selection or promotion of any employee to a position not subject to the provisions of this Agreement is not covered by this Agreement. If a seniority employee is appointed, selected or promoted to a position which is not subject to the Ontario Human Rights Codeprovisions of this Agreement and is later transferred back to a position within the bargaining unit described in Article 2 of this Agreement, such employee shall return to the bargaining unit with all of the seniority which that employee had at the time of her appointment, selection or if promotion and such employee shall be credited with additional seniority with respect to the termination is arbitrarytime when she was not employed within the said bargaining unit, discriminatory, or in bad faith. The Company agrees as long as the return to perform evaluations of probationary employees, based on the Company’s expectations and concernsbargaining unit takes place within three (3) calendar months from the date that the seniority employee accepted the non- bargaining unit position with the Employer. 11.03 Seniority (a) A full-time employee shall continue to accrue seniority while off work due to injury or illness whether or not such illness or injury is covered by Workers Compensation. (b) Part-time employees off work due to an injury or illness, whether or not such illness or injury is covered by workers compensation, shall continue to accrue seniority in the following manner; part-time employee off due to illness or injury for periods of twenty-one (21) calendar days or more shall be defined as the status of the employee based upon his/her established length of service credited with the Company seniority from the first day of work, providing such leave. The seniority has not been broken as per article 11.05, and credited shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired be based on the same date, average of hours paid for the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four previous six (246) months or his/her total recognized seniority, which ever is greater, with the Companyfrom date of injury. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee (a) A Regular Employee’s Seniority Date shall be regarded the date on which a Regular Employee’s continuous service in the Centre’s employ commenced within the bargaining unit, including all prior periods of service as a probationary employee until he/she has worked a total of sixty Casual, Temporary or Regular Employee contiguous to present regular employment. (60b) working days in any twelve (12) month period. After the completion of Seniority shall not apply during the probationary period; however, once the employee probationary period has been completed seniority shall be assigned a credited from the seniority date as of his/her first day worked, providing seniority has not been broken as per established pursuant to Article 11.059.01. 11.02 The termination of a probationary employee 9.02 Seniority shall be considered for just cause unless the termination is contrary in determining: (a) Preference of vacation time in Article 23: Annual Vacation. (b) Layoffs and recalls, subject to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or specified in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations Article 32: Xxxxxx and concernsRecall. 11.03 (c) Promotions and transfers and in filling vacancies within the bargaining unit subject to the provisions specified in Article 11: Appointments, Transfers and Promotions. (d) The selection of available rotations by Employees on a unit affected by a new master rotation that does not change an Employee's full time equivalency (FTE). 9.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of workconsidered broken, providing seniority has not been broken as per article 11.05all rights forfeited, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee there shall be broken for any one of the following reasonsno obligation to rehire: (a) If he/she when the employment relationship is discharged for just cause, retired terminated by either the Employer or voluntarily quits.the Employee; (b) If he/she is laid off from upon the Company for a period expiry of time in excess of twenty twenty-four (24) months or his/her total recognized seniorityfollowing the date of layoff, if during which ever is greatertime the Employee has not been recalled to work; (c) if an Employee does not return to work on recall, as provided in Article 32.07. 9.04 The Employer will post on the Bulletin Board provided pursuant to the provisions of Article 34, a seniority list containing the name and seniority date of each regular and temporary Employee in chronological order. The seniority list will be updated by the Employer not less frequently than every six (6) months. Copies of said seniority lists will be provided to the Union following posting. The Union shall have one (1) month in which to take issue with the Companyseniority list, otherwise the seniority list will be deemed to be correct. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than 9.05 The Employer shall post every three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days months a list of receiving notification casual employees in order of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance date of hire with the provisions of Article 12.02 of this Agreementemployer. e) If he/she accepts other employment while on leave of absence except 9.06 Should a difference arise regarding an Employee's seniority, the Employer will provide the Employee with the express permission of the Companyinformation necessary to establish accurate seniority. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee (a) Seniority for employees governed by this Agreement shall be regarded defined as the period of employment with the Employer in the work covered by this Agreement, at the terminal (or terminals) within the jurisdiction of the Local Union(s). It shall be deemed to include any seniority presently held by an employee through agreement be- tween the Employer and the Local Union prior to this Agreement. Where the current practice of a probationary Master Seniority List exists, it will continue in effect for the duration of this Agreement. (1) All new employees shall be hired on a thirty (30) calendar days’ trial basis and shall work under the provisions of this Agree- ment, within which time they may be dismissed without protest by the Union. However, the Employer may not discharge or discipline for the purpose of evading this Agreement or discriminating against Union members. After thirty (30) days’ trial period they shall be placed on the seniority list as regular employees in accordance with their date of hire, provided, however, that an employee until he/she has worked must work a total minimum of sixty ninety-six (6096) working days in any twelve (12) month hours during his thirty days’ trial period. After In case of discipline within the completion of thirty (30) day period, the Employer shall notify the Local Union in writing. (2) During the probationary period, the employee may be terminated without further recourse; provided, however, that the Employer may not terminate the employee for the purpose of evading the Agreement or discriminating against Union members. A probationary employee who is terminated by the Employer during the probationary period and is then worked again at any time during the next full twelve months at any of that Employer’s locations within the jurisdiction of the Local Union covering the terminal where he first worked, except in those jurisdictions where the Local Union maintains a hiring hall or referral system, shall be assigned added to the regular seniority list with a seniority date as of his/her first day the date that person is subsequently worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee (3) Probationary employees shall be considered for just cause unless paid at the termination is contrary to new hire rate of pay during the provisions of the Ontario Human Rights Codeprobationary period; however, or if the termination employee is arbitrarytermi- nated by the Employer during such period, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority he shall be defined as compensated at the status full contract rate of the employee based upon his/her established length of service with the Company from pay for all hours worked retroactive to the first day of workworked in such period. All new employees (probationary, providing seniority has not been broken as per article 11.05casual, and etc.) shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired start only on established starting times on the same date, working schedule except as a re- placement for absenteeism or sickness or for the Company will randomly assign, in purpose of making pickups only. An employee who so qualifies for seniority status shall have his seniority date revert back to his first day worked within the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.thirty

Appears in 2 contracts

Samples: National Master Freight Agreement, National Master Freight Agreement

SENIORITY. 11.01 16:01 An employee shall will be regarded as a probationary considered on probation and will not acquire seniority until the employee until he/she has worked for a total of sixty ninety (6090) working days for the Employer, when their seniority shall commence from the date of last hiring. 16:02 The Employer agrees to observe the seniority of employees in any twelve (12) month periodconnection with promotions, demotions, transfers, layoffs, and recalls, insofar as it is practicable to do so, providing their other qualifications are relatively equal. After Promotions to supervisory positions shall not be subject to the completion provisions of this Agreement. 16:03 When an employee is laid off, the probationary periodemployee shall have the option of displacing an employee in a lower classification providing the employee has more seniority in terms of service within the bargaining unit than the employee in the lower classification except for apprentices. It is understood that when an employee exercises this option, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05paid the rate for the lower classification. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 16:04 In the event of a tie in seniority between two or more than one employee is hired on the same dateemployees, the Company Employer will randomly assigninterpret seniority standing for layoff purposes by ranking such employees by date of commencing work as a Temporary Journeyman Electrician/Control Technician immediately prior to the date of last hiring. In the event that this ranking also produces a tie in seniority between two or more employees, the Employer will then interpret seniority standing for layoff purposes by ranking such employees in the presence of the Plant Chairperson or designate, each employee with a alphabetical order. 16:05 A seniority code number, this number list by classification will be used in determining each employee’s seniority standing. 11.05 The seniority prepared and forwarded to the Union office on or about the 30th day of an employee shall be broken for any one of November during the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 term of this Agreement. e) If he/she accepts other 16:06 An apprentice shall not acquire seniority until the employee has successfully completed the apprenticeship programme and has continued employment while on leave of absence except with the express permission Employer, at which time the employee shall be credited with seniority retroactive to the date on which the employee was initially employed as an apprentice. All other rights and privileges under the Collective Agreement with the exception of Articles 15:01, 16:01 16:02, 16:03, 33:01, and 36:01 shall apply to apprentice Electricians. 16:07 Employees who continue to be employed by the Employer in an acting position outside the bargaining until shall, subject to the approval of the Company. 11.06 Any Union, continue to acquire seniority for the duration of the acting appointment. The employee transferred may return to their normal duties at any time upon request. In the event of a layoff of an employee with greater seniority than that of the seniority held by the employee in the acting position, the employee in the acting position shall be considered to be laid off in the bargaining unit. An acting position shall be defined as a period not to exceed one year. This period may be extended by mutual agreement to a position outside maximum of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unitone (1) additional year.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 A. For the purpose of seniority set forth below in this Article, each employee will have seniority standing equal to the employee's length of continuous, uninterrupted service with Broward County as a full-time IAFF, Local 2019 bargaining unit employee. The date of employment shall be deemed to begin on the most recent actual hire date. B. Service shall not be deemed to be interrupted by any leave approved and granted pursuant to this Agreement. C. An employee who leaves the Bargaining Unit for one (1) year or less for any position in the County may return to the Bargaining Unit with uninterrupted service. An employee who leaves the Bargaining Unit in excess of one (1) year for any position in the County retains earned Unit seniority and upon return to the Bargaining Unit, shall resume the accumulation of Unit seniority. X. Xx employee who leaves the Bargaining Unit for up to two (2) years as a result of a layoff for economic reasons, retains earned seniority and upon return to the Bargaining Unit as a result of a recall as defined in this Article, shall resume the accumulation of Unit seniority. E. Seniority within rank will be used for the purpose of scheduling vacation benefits, layoff and recall from layoff, and vacated Xxxxx days. F. In the event of a layoff, the most junior member of the Bargaining Unit within rank shall be regarded as a probationary employee until he/she has worked a total laid off first. In the case of sixty (60) working days layoff in any twelve (12) month period. After the completion rank, members of the probationary periodBargaining Unit shall be allowed to bump unit members of the Bargaining Unit out in lower ranks, provided the retained employee can immediately perform the work. G. Recall by rank will be in the reverse order of layoff, provided the recalled employee is qualified and can perform the job. An employee selected for recall shall be informed of the County's offer for reemployment in the form of a written notice, via certified mail, return receipt requested, to the last known address of the employee as shown on the employer's records. It shall be assigned a seniority date as the responsibility of each employee on layoff to keep the County advised of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faithcurrent address. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee transferred to a position outside of the Bargaining Unit will not be returned with their accrued seniority and service to the Bargaining Unit.Within ten

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 An ‌ 12.01 Seniority will be established for each company location and a new employee shall will be regarded as a probationary employee considered on probation until he/she he has worked for the Company for a total of sixty (60) working days worked. His seniority shall then date back to the first day of hiring. (a) Every employee covered by this Agreement will be classified in any twelve accordance with a job title and a wage classification within that job title as set forth in Article 9.01. (12b) month period. After the completion of the probationary periodIn dealing with job postings, the employee skill, ability and qualifications being sufficient, seniority shall be assigned a seniority date as the governing factor. (c) The parties recognize that job opportunity and security shall increase in proportion to length of his/her first day workedservice. It is therefore agreed that in all cases relating to filling job vacancies, transfers, lay-offs and recalls after lay-off, senior employees shall be entitled to preference, providing seniority has not been broken as per Article 11.05he or she possesses the skill, ability and qualifications to perform the available jobs. 11.02 The termination (d) In the event of a probationary employee lay-off, seniority shall be considered for just cause unless on a bargaining unit basis; probationary, temporary, and part-time employees shall be the termination is contrary first to go in order of seniority, and then the provisions lay-off shall be on the basis of seniority, providing the Ontario Human Rights Codeemployees who remain have the skill, or if ability and qualifications to perform the termination is arbitraryavailable jobs. When recalling employees, discriminatorythey shall be recalled in order of seniority, or in bad faithproviding they have the skill, ability and qualifications to perform the available jobs. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In the event more than one employee is hired on the same date, the Company will randomly assignthat, in the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of event an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from in one classification, he or she shall have the Company right to bump the junior employee in another classification, providing that employee has the skill, ability and qualifications to perform the available jobs. (e) Full-time employees with recall rights will be recalled on a temporary basis in order of seniority, provided the employee on lay-off is competent to perform the available work. (a) When a vacancy occurs, notice of such vacancy shall be posted upon the bulletin board and shall remain posted for a period of time three (3) working days and eligible employees will have the right to bid for the position. Selections to such positions shall be made on the basis of seniority, providing the employee has the skill, ability and qualifications to do the job. Once an employee has been selected for a vacancy, he may be required to remain in excess that job for a minimum of twenty four six (246) months or his/her total recognized before he is eligible to bid on another vacancy. Vacancies resulting from the first vacancy will not be posted. In each case, when the Company fills vacancies resulting from the first posting, they will post the name of the successful employee on the bulletin board. If any employee feels that he has not been given due consideration when job vacancies are being filled, he will have the right to file a grievance and have his case decided through the grievance and arbitration procedures. (b) The Company agrees that any temporary vacancy shall be posted indicating the duration. The successful candidate of the temporary vacancy must remain for the duration of the vacancy. The only exception will be if the employee is eligible for a permanent vacancy. (c) All daily transfers of employees shall be made in accordance with seniority, which ever providing they are qualified, providing it is greaterat a higher rate of pay. If a senior employee cannot be moved because of the efficiency of operation, with that employee shall receive the higher rate of pay. 12.04 A seniority list shall be placed on the bulletin board and will be revised by the Company at least every six (6) months. Such list shall show the employees' starting date and classification and copies of such lists shall be forwarded to the Union. 12.05 On each occasion that an employee is absent from work due to sickness or accident, he will be granted sick leave on the following basis: his seniority will continue to accumulate up to the equivalent of his length of service for a period not exceeding one (1) year. 12.06 An employee shall lose all seniority and his employment shall be terminated if he: (a) Voluntarily quits the employ of the Company.; (b) Is justifiably discharged; (c) If an employee overstays an approved leave of absence or remains away from work without permission of management Is laid off for a period of more than twelve (12) months; (d) Fails to report for work within seven (7) calendar days of the sending by registered mail of notice to return to work following a lay off. (e) Overstays a leave of absence without a reason acceptable to the Company; (f) Is absent for over three (3) consecutive working daysdays without notifying the Company and producing a reason for his absences acceptable to the Company; (g) Will not consent to a Company requested physical examination. If there is a discrepancy between the Company doctor and the employee's doctor concerning an employee's medical condition, he/she then a third doctor will be assumed selected by the Company and Union and his evaluation shall be accepted by the parties. 12.07 It shall be the duty of the employees to have forfeited his/her seniority rights under this Agreement d) notify the Company promptly of any change in their address. If he/she an employee fails to report do this, the Company shall not be responsible for failure of a notice to work within five (5) working days reach such employee. 12.08 The Company agrees that when it becomes necessary to train employees for a specific job classification, they shall post the training position. Selection of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days a candidate shall be in accordance with seniority, providing the provisions employee is qualified. The Company agrees to offer training to employees, with pay, in accordance with seniority, to be cross-trained on other classifications. The training sessions shall be posted one (1) week in advance of Article 12.02 of this Agreementsuch training. All training sessions will be held by the Company on an as required basis. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any 12.09 An employee transferred who is promoted to a position outside of the Bargaining Unit bargaining unit will not be returned with their accrued continue to accumulate seniority and service for six (6) months. If the employee returns to the Bargaining Unitbargaining unit within the period of six (6) months, he will retain his accumulated seniority. If he does not return to the bargaining unit within six (6) months for any reason, he will forfeit all seniority. 12.10 In the event the Company relocates and moves to another location, the employees will have the option to relocate with the Company to the new location. 12.11 For the purpose of mergers or amalgamations of other PROGRESSIVE WASTE SOLUTIONS CANADA INC. (SIMCOE) operations or acquisition of other companies or employees transferring from other PROGRESSIVE WASTE SOLUTIONS CANADA INC. (SIMCOE) operations not covered by the Agreement, there shall be no dovetailing of seniority. Notwithstanding the aforementioned, should the Company make an acquisition, the Company may for a period of six

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 11.01 An employee shall be regarded as a probationary employee until he/she has worked a total of sixty (60) working days in any twelve (12) month period. After the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a probationary employee shall be considered for just cause unless the termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established Employee's length of service with for the Company from purpose of determining seniority rights shall be deemed to commence on the first day of work, providing seniority has not been broken as per article 11.05, and shall continue to accumulate during layoff in conjunction with service. 11.04 In said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving the event more than one employee is hired on the same date, the Company will randomly assign, in the presence service of the Plant Chairperson Employer or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standing. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her cause shall lose all seniority rights under this Agreement d) If he/she fails rights. Failure to report to work for four successive working days without a reasonable excuse therefore shall be considered equivalent to voluntarily leaving the service of the Employer, but before any employee is discharged for any failure to report, the Shop Xxxxxxx must be notified. All seniority rights will be terminated for an employee who is laid off in excess of his recall rights as established by the following scale:  seniority over ninety (90) calendar days and up to two (2) years - recall rights equal two (2) years;  seniority over two (2) years and up to ten (10) years - recall rights equal four (4) years;  seniority over ten (10) years - recall rights equal five (5) years. If at any time fewer employees shall be needed, employees shall be laid off in the inverse order of their seniority considering also ability and competency for the job. When there is not sufficient work for forty (40) hours for all employees the Employer agrees as far as possible to arrange the work schedules so that the senior employee shall have forty (40) hours work. When the Employer again adds to the number of employees, those laid off shall be re-employed in the order of their seniority (seniority number) considering also ability and competency for the job. All jobs will be posted annually during the month of January. All positions must be filled by qualified employees on staff. In the filling of advertised vacancies, the Employer shall consider the senior applicant with the competence and the ability to do the job. The successful applicant shall be given a fair trial period of up to thirty (30) days. Necessary job instruction will be given during such trial period, and if they fail to perform in accordance with the employers requirements, they shall be returned to their former position and standing, except that if the job to which they have bid proves unsatisfactory, the employee, within fifteen (15) days from commencing new job, may request to be returned to his former position, which request will be given consideration by the Company. The Employer will advertise vacancies for five (5) working days of receiving notification of recall from layoff by verifiable mail days. The Union shall have the opportunity to his/her last known address, or five (5) days in accordance discuss with the provisions Employer the filling of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with advertised vacancies prior to actual selection, if the express permission of senior applicant is not selected. The Employer will decide in its sole discretion whether or not any classification or vacancy will be filled. An employee who transfers to a supervisory position in the Company. 11.06 Any employee transferred Company and who is subsequently returned to a position outside of in the Bargaining Unit will not bargaining unit within a ninety (90) day period shall be returned with their accrued seniority to his former position and service to standing in the Bargaining Unitbargaining unit without loss of seniority.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11.01 An employee Seniority shall be regarded defined as a length of continuous service within the bargaining unit. 11.02 New hires shall be considered probationary employee until he/she has worked they have completed a total of sixty ninety (6090) working days in any twelve calendar days, within a six (126) consecutive month period, after which they shall become regular employees, and their seniority date will be back to their original start date. After All benefits will apply only after the completion of the probationary period, the employee shall be assigned a seniority date as of his/her first day worked, providing seniority has not been broken as per Article 11.05. 11.02 The termination of a 11.03 During the probationary period an employee shall be considered for as being employed on a trial basis and may be dismissed at the sole discretion of the Employer. Any termination occurring during the probationary period shall be deemed to be just cause unless the for termination is contrary to the provisions of the Ontario Human Rights Code, or if the termination is arbitrary, discriminatory, or in bad faith. The Company agrees to perform evaluations of probationary employees, based on the Company’s expectations and concerns. 11.03 Seniority shall be defined as the status of the employee based upon his/her established length of service with the Company from the first day of work, providing seniority has not been broken as per article 11.05, release and shall continue to accumulate during layoff in conjunction with servicenot be the subject of a grievance and/or arbitration. 11.04 In Seniority lists will be revised each year. A copy of the event more than one list will be posted in the facility and a copy given to the Union. Unless an employee is hired on the same dateobjects within seven (7) days, the Company will randomly assign, in list shall be deemed to be accurate. Only employees whose names have been added during the presence of the Plant Chairperson or designate, each employee with a seniority code number, this number will be used in determining each employee’s seniority standingyear can contest. 11.05 The seniority of an employee shall be broken for any one of the following reasons: a) If he/she is discharged for just cause, retired or voluntarily quits. b) If he/she is laid off from the Company for a period of time in excess of twenty four (24) months or his/her total recognized seniority, which ever is greater, with the Company. c) If an employee overstays an approved leave of absence or remains away from work without permission of management for a period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail to his/her last known address, or five (5) days in accordance with the provisions of Article 12.02 of this Agreement. e) If he/she accepts other employment while on leave of absence except with the express permission of the Company. 11.06 Any employee Employees transferred to a position outside of the Bargaining Unit bargaining unit, may be transferred back to the bargaining unit, at any time up to three (3) months at the request of the employee or the Employer and thereafter at the sole decision of the Employer with full seniority up to six (6) months. 11.06 It shall be the responsibility of each employee to notify the Employer promptly in writing of any change of address or telephone number. Letters sent by the Employer to the address on record and telephone calls to the telephone number on record will not be returned with their accrued deemed to be received by the employee and shall satisfy any obligation on the Employer to provide notice to the employee under any provision of this Agreement. 11.07 An employee’s seniority and service employment shall be deemed to have terminated if the employee: (a) Resigns from employment with the Employer; (b) Retires; (c) Is discharged, and not reinstated through the grievance procedure; (d) Fails to report for work within the five (5) working days after being notified of recall. An employee shall be deemed to be notified or recalled on the same day as the couriered letter; (e) Fails to return to work on the date agreed upon after the completion of a leave of absence or uses an approved leave of absence for purposes other than that given as the reason for the leave without first obtaining the consent in writing from the Employer. This shall not apply where the leave is extended with the permission of the Employer or if the employee can establish that he was unable to contact the Employer to request an extension; (f) Is laid off due to lack of work for a period equivalent to the Bargaining Unitlesser of: (i) The employee’s seniority; or (ii) Twelve (12) months. (g) Is absent without permission for three (3) consecutive scheduled work days without permission or a valid reason; (h) Does not perform work for the Employer, due to any illness or injury, for more than twelve (12) months, subject to the Ontario Human Rights Code; (i) Intentionally damages equipment, products or Employer property; (j) Reports for work under the influence of illicit drugs or alcohol or consumes, sells or distributes illicit drugs or alcohol during a shift or on Employer property; (k) Has been proven of a theft from either a fellow employee, the Employer or a client; or (I) Fighting with fellow employees.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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