Common use of SENIORITY Clause in Contracts

SENIORITY. Section 1 There shall be established a Seniority List of the regular members of the Fire & Rescue Department, and said list shall be brought up-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional roster. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 4 contracts

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

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SENIORITY. Section 1 There 20.01 Seniority shall be established a defined as the length of continuous service with the Employer within the bargaining unit, inclusive of training days, from the most recent date of hire. 20.02 Seniority List shall continue to accumulate during all paid and unpaid authorized leaves of the regular members of the Fire & Rescue Departmentabsence, during all lay-offs, and said list during all periods of sickness and/or injury. 20.03 An employee shall cease to have seniority rights and their employment status with the Employer shall be brought up-to-date terminated for all purposes if the employee: (a) is duly discharged by the City on Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreement; (b) voluntarily quits or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station resigns; (c) has been laid off continuously for a period of six (6) months or is called back to work after a lay-off and does not less than thirty days, and return to work within seven (7) calendar days of receiving a copy of same shall be mailed registered letter sent to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administrationtheir last known address; b. Has experience related to do the job; c. Performs the (d) is absent from work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests without an approved leave of the City; f. Reports absence for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top more than three (3) candidates consecutive working days unless a satisfactory reason is given by the employee such as sickness; (e) fails to return to work on the established promotional rostercompletion of an authorized leave of absence unless a satisfactory reason is given by the employee. Section 3 When 20.04 The selection of employees for vacant or new positions shall be on the basis of qualifications, ability and seniority. Where qualifications and ability are relatively equal, seniority shall be the determining factor. Seniority shall be the governing factor in relieving an employee refuses in a permanent promotion in his/her line higher paying classification, leave requests, scheduling daily hours of progressionwork and recall after layoff, he/she forfeits his/her rights to all future promotionproviding the more senior employee has, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line judgment of progression behind those who have bypassed him/herthe Employer which shall not be exercised in an arbitrary or discriminatory manner, the ability to satisfactorily be able to perform all aspects of the work required. Reverse order of seniority shall be the governing factor in all matters of non-disciplinary demotion, layoff, and reduction to part-time, providing the more senior employee has, in the judgement of the Employer which shall not be exercised in an arbitrary or discriminatory manner, the ability to satisfactorily be able to perform all aspects of the work required.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 9.01 Seniority for all employees shall be established a defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority List shall continue to accumulate during all paid and unpaid authorized leaves of absence except Union Leave as per sub-article 18.02. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or Arbitration procedure contained in this Collective Agreement; (b) an employee voluntarily leaves the service of the regular members Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without a leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part- time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the Fire & Rescue Department, and said list bargaining unit shall be brought up-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station a trial period for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part- time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one (1) full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the established promotional rosterpart-time seniority list. Section 3 When 9.08 The Co-operative agrees to give four (4) weeks' notice prior to changing an employee refuses employee's status from full-time to a permanent promotion in his/her line of progression, he/she forfeits his/her rights to part-time basis. 9.09 Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all future promotion, until after all the full-time employees shall have seniority over part-time employees. Part-time employees will have seniority only over other part-time employees. Part-time employees who have bypassed him/her are considered. Upon written request become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the Citymost senior part-time employee first, he/she may be reinstated and thereafter in decreasing order of seniority, providing the affected employee has the ability to his/her proper place in do the line normal requirements of progression behind those who have bypassed him/herthe job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 10.01 Bargaining Unit-wide Seniority shall be used in determining preference or priority for all benefits extended to Employees, except where otherwise provided in this Collective Agreement, or except where clearly established past practice and custom of the Employer and the Union may have altered the priority of Seniority. Seniority shall commence with the date upon which an Initial Employee is first engaged as such, and may only be interrupted or lost in accordance with the provisions of this Collective Agreement. 10.02 Whenever more than one Employee is engaged on the same day, Seniority shall be determined by the flip of a coin, performed by the Employer, in the presence of the concerned Employees and an executive member of the Union. 10.03 The Employer shall maintain a Seniority List of list showing the regular members of the Fire & Rescue Department, and said day upon which each -to-date Seniority list shall be brought up-to-date by sent to the City Union and copies thereof posted on or before January 15th of a bulletin board in a conspicuous place at each each year. Said The seniority list shall immediately be posted available on bulletin board in each Fire Station for a line to Employees. Protests with respect to Seniority status may be submitted, by any Employee affected by such alleged errors, to the Union and to the Employer, as represented by the Director of Human Resources, within twenty (20) working days from the date the Seniority lists have been posted. Any error found shall be corrected forthwith and, when so corrected, the agreed upon Seniority date shall be final. 10.04 An Employee shall not lose Seniority rights if absent from work because of sickness, disability, accident, layoff, vacation, or leave of absence approved by the Employer, unless the accumulated period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work such absence exceeds in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with coaggregate twenty-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional roster. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.four

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 22.01 Seniority shall be established defined as the length of continuous service with the Employer within the bargaining unit. 22.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all layoffs, and during all periods of sickness and/or injury. 22.03 An employee shall cease to have seniority rights and their employment status with the Employer shall be terminated for all purposes if the employee: (a) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreement; (b) voluntarily quits or resigns; (c) has been laid off continuously for the lesser of fifty-two (52) weeks or a Seniority List period of time equal to the employee’s length of continuous service with the Employer since their most recent date of hire, or is called back to work after a layoff and does not return to work within fourteen (14) calendar days of receiving a registered letter sent to their last known address; (d) is absent from work without a written leave of absence unless a satisfactory reason such as physical incapacity exists. In these circumstances the employee shall make every effort to communicate with the Employer as soon as possible; (e) fails to return to work on the completion of an authorized leave of absence unless a satisfactory reason such as physical incapacity exists. In these circumstances the employee shall make every effort to communicate with the Employer as soon as possible. 22.04 Bargaining unit wide seniority shall be the governing factor in all matters of promotion, awarding of a new full-time position or vacancy, relieving another employee in a higher paying classification, and recall after layoff, providing the more senior employee has the ability to perform the normal functions of the regular members job. Reverse order of bargaining unit wide seniority shall be the governing factor in all matters of demotion, layoff, and reduction to part-time, providing the more senior employee has the ability to perform the normal functions of the Fire & Rescue Department, and said list job. 22.05 Employees from within the bargaining unit who accept a position with the Employer which places them outside of the bargaining unit shall continue to accumulate seniority for a period of three (3) calendar months. Said employees shall be brought entitled to return to the bargaining unit and their former job at any time during the three (3) month period if they so choose. Employees who remain outside of the bargaining unit beyond the three (3) month time limit shall keep the seniority they had immediately prior to leaving the bargaining unit in the event they eventually return to the bargaining unit but shall not in such cases accumulate any seniority for the time period that they were outside of the bargaining unit beyond the three (3) month limitation. 22.06 Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over all part- time employees. Part-time employees shall have seniority only over other part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 22.07 Full-time employees with one (1) or more years of full-time seniority who are reduced to part-time by the Employer shall be placed at the top of the part-time seniority list. Full-time employees with less than one (1) year of full-time seniority who are reduced to part-time shall use the length of their continuous service with the Employer within the bargaining unit when determining where they are to be placed on the part-time seniority list. 22.08 The Employer shall give two (2) weeks' notice in writing or two (2) weeks' pay in lieu thereof, to any employee whose status is to be changed by the Employer from full-time to part-time. 22.09 Daily available part-time hours of work within the employee’s department, or departments for those employees who are normally so employed, shall be scheduled to the most senior part-time employee first and thereafter in decreasing order of seniority, providing the employee has the ability to perform the normal functions of the job and providing the employee is available and willing to work the hours. If the Employer finds there are no available part-time employees available to work, shifts will then be assigned to employees in reverse seniority (i.e. the least senior employee first) on a rotating basis. No part-time employee shall be scheduled to work more than five (5) days per calendar week unless they voluntarily agree otherwise. 22.10 Part-time hours of work that become available on a temporary basis in a particular department and that cannot be worked by part-time employees already working in the department, shall be offered to other part-time employees working outside of the department on the basis of seniority with the most senior such part-time employee first and thereafter in decreasing order of seniority being offered an opportunity to work these hours. Any such employee must have the ability to be able to perform the normal functions of the job and must be available and willing to work the hours. 22.11 The word “department” referred to in sub-articles 22.09 and 22.10 above, shall include: (a) Bakery (b) Meat (c) Deli (d) Produce (e) Grocery The “grocery department” shall include all areas of the Employer’s operations that are not part of the other four (4) departments. 22.12 The Employer shall provide the Union in January and July of each calendar year with an up-to-date by seniority list of all full-time and all part-time employees covered under the City on or before January 15th terms of each yearthe Collective Agreement. Said Copies of the seniority list shall immediately also be posted on bulletin board in each Fire Station for a period of not less than thirty days, given to the Shop Stewards and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department the bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked board located on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rosterEmployer's premises. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 22.01 Seniority shall be established a defined as the length of continuous service with the Employer within the bargaining unit since his / her most recent date of hire. 22.02 Seniority List shall continue to accumulate during all paid and unpaid authorized leaves of the regular members of the Fire & Rescue Departmentabsence, during all lay-offs, and said list during all periods of sickness and/or injury. 22.03 An employee shall cease to have seniority rights and his or her employment status with the Employer shall be brought up-to-date terminated for all purposes if the employee: (a) is duly discharged by the City on Employer and is not reinstated through the grievance and arbitration procedure contained in the Collective Agreement; (b) voluntarily quits or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station resigns; (c) has been laid off continuously for a period of fifty-two (52) weeks or is called back to work after a lay-off and does not less return to work within seven (7) calendar days (or such longer period as may be required to provide another employer with proper notice) of receiving a registered letter sent to his or her last known address; (d) is absent from work without an authorized leave of absence of more than thirty daysthree (3) days unless s/he can satisfy the Employer s/he had a reasonable excuse for being absent; or (e) fails to return to work on the completion of an authorized leave of absence, and vacation or suspension unless s/he can satisfy the Employer that s/he had a copy of same shall be mailed reasonable excuse for not returning to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expiredwork. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards (f) is away for a period of thirty (30) months or more for whatever reason including injury. 22.04 Seniority shall be the governing factor in all matters of promotion, awarding of a new full-time position or vacancy or choice of shifts (except as otherwise provided for in Article 7.01), providing the more senior employee: (a) has the qualifications, skill and ability to be able to perform the normal functions of the job for all positions other than Pultrusion Operator and Material Handler; and (b) with respect to Pultrusion Operator and Material Handler, has the qualifications, skill and ability to be able to perform the normal functions of the job and a satisfactory attendance record. Seniority shall be the governing factor in all matters of relieving another employee in a higher paying classification, recall after lay-off, providing the more senior employee has the qualifications, skill and ability to be able to perform the normal functions of the job. Reverse order of seniority shall apply and be the governing factor in all matters of demotion, lay-off, and reduction to part-time, providing the more senior employee has the qualifications, skill and ability to be able to perform the normal functions of the job. At the Employer’s discretion, probationary employees may be eligible for lay-off and/or recall from lay-off based on their seniority by their most recent date of hire and will have their probationary period adjusted for any such periods of lay-off. It is recognized that all employees working in the Finishing department must be able to repeatedly and correctly read a tape measure in order to do their work at all times. Employees that are hired to work or who are transferred into the finishing department from another area or classification will be required to be tested and regularly tested thereafter and pass a tape measure skills test that demonstrates their ability to correctly read a tape measure. A minimum pass mark of 95% is required. No advance notice that the test will be given is required of the Employer. The content of the test and the marking of it and all other matters relating to the testing and skills assessment are at the sole discretion of the Employer. This may include a decision by the Employer to retest the employee, provide training for the employee, or re-assign the employee. 22.05 Employees from within the bargaining unit who accept a position with the Employer which places them outside of the bargaining unit shall continue to accumulate seniority for a period of ninety (90) calendar days. Except for the purpose of short term relief for vacation or absenteeism, employees shall be offered the opportunity to leave the bargaining unit and maintain their seniority for ninety (90) days immediately preceding the examinationa maximum of one (1) time per contract year. Said employees shall be entitled to return to the bargaining unit and their former job at any time during the ninety (90) calendar day period if they so choose. Employees who remain outside of the bargaining unit beyond the ninety (90) calendar day time limit shall have their seniority broken and may only return to the bargaining unit if rehired, in which case they will be placed at the bottom of the seniority list. 22.06 Full-time employees with one (1) or more years of full-time seniority who are reduced to part-time by the Employer shall be placed at the top of the part-time seniority list. Full-time employees with less than one (1) year of service and who have no continuous part-time service with the Employer shall retain their full-time seniority date in the event they are reduced to part-time. Part-time employees who become full- time for a period of less than one (1) year and who are then reduced to part-time by the Employer shall retain their original part-time seniority date. Part-time employees proceeding to full-time will be placed at the bottom of the full-time seniority list. 22.07 No full-time employee shall be laid off and/or reduced to part-time status by the Employer unless all part-time employees have been laid off first, except where such full-time employee does not possess the qualifications, skill and ability or is unwilling to perform the work required. 22.08 No new employees shall be hired by the Employer so long as there are part-time employees who have the qualifications, skill and ability and are willing to perform the work required, or so long as there are employees who are on lay-off status who have the qualifications, skill and ability and are willing to perform the work required. 22.09 Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part- time employees. Part-time employees shall have seniority only over other part-time employees. 22.10 The Employer shall give two (2) weeks’ notice shall contain sources of questions asked on the written portion. When a permanent promotion in writing or two (2) weeks’ pay in lieu thereof, to any person whose status is to be madechanged by the Employer from full-time to part-time. 22.11 Daily available part-time hours of work shall be scheduled to the most senior part-time employee first and thereafter in decreasing order of seniority, providing the employee has the qualifications, skill and ability and is available and willing to work the hours. 22.12 Part-time employees shall not be employed or scheduled to the extent that it results in the displacement or prevents the hiring of full-time employees. 22.13 In January and July of every calendar year, the selection Employer shall post the full seniority list showing the seniority of each employee. The Union shall be from emailed a separate seniority list in Excel format that contains the top three following information: start date, seniority date, classification, department (3) candidates if applicable), rate of pay, FT/PT status, employee number, mailing address, email address, telephone number and S.I.N. of all bargaining unit employees including those on leave (including the type of leave). The list will also include all employees who have terminated their employment or retired. Should any portion of this transfer of information by the Employer be reasonably believed by either parties legal counsel to be in violation of any applicable Federal or Provincial Laws, the parties will meet to discuss and amend this article, where necessary so it is consistent with the requirement of those laws. Employees must provide up to date information to the Employer and advise the Employer of any changes. 22.14 When employees are hired on the established promotional roster. Section 3 When an same day, their names will be placed in a hat and drawn at random. The employee refuses a permanent promotion in whose name is drawn first will have his/her line name appear first on the seniority list. In the event of progressionmore than two (2) employees hired on the same day, he/she forfeits his/her rights to all future promotionthe above process will apply, until after all with the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place name being drawn in the line of progression behind those who have bypassed him/herorder they will appear on the seniority list.

Appears in 3 contracts

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

SENIORITY. Section 1 There 17.01 Seniority hereunder of any Employee (other than a probationary Employee) shall commence with the date of the Employee's employment, provided that if there shall have been a break in service, their seniority shall mean the date of such Employee's last re-entry into employment. Effective December 1, 2005, seniority hereunder of any new Employee (other than a probationary Employee) shall commence with the date of the Employee’s employment with the bargaining unit, provided that if there shall have been a break in service, their seniority shall mean the date of such Employee’s last re-entry into employment within the bargaining unit. A break in service and a termination of employment shall be established deemed to have occurred if an Employee: (a) quits; (b) is discharged; (c) is laid off for lack of work for 12 months; or (d) within 5 days from the day notice is sent by the Employer by registered mail to the Employee's last known address on record with the Employer, as furnished by the Employee, fails to notify the Employer of their intention to return to work after a Seniority List layoff within 10 working days from the day such notice is sent or fails to so return; (e) if their employment is otherwise terminated. 17.02 Layoffs or recalls shall be based on the following factors: (a) bargaining unit seniority; (b) skill, competence, efficiency, ability, knowledge and training. When in the judgment of the regular members of Employer, which shall not be exercised in an unfairly discriminating manner, the Fire & Rescue Department, and said list shall be brought up-to-date by the City on qualifications in factor (b) are relatively equal as between two or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Departmentmore Employees, seniority shall govern subject to fitness and ability. The determination govern. 17.03 For the purpose of an employee's fitness and ability shall be the sole right and responsibility of the Citypromotion only, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work plant ticket seniority while in the manner required by bargaining unit will apply. Plant ticket seniority will be considered as the City;earliest date on which the appropriate certificate of qualification was held while in the bargaining unit. d. Cooperates with supervisors and observes rules and regulations; e. Protects 17.04 When a permanent vacancy occurs in the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement bargaining unit and the assumption of additional responsibility. Notice of examination Employer deems to fill such vacancy, a notice shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination7 consecutive days. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection Applications for such vacancy shall be from made in writing within that 7 day period. Applications will be made through the top three (3) candidates on the established promotional rosterHuman Resources Services website. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 9.01 Seniority for all employees shall be established a defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority List shall continue to accumulate during all paid and unpaid authorized leaves of absence except Union leave as per Article 18.02. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or Arbitration procedure contained in this Collective Agreement; (b) an employee voluntarily leaves the service of the regular members Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without a leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the Fire & Rescue Department, and said list bargaining unit shall be brought up-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station a trial period for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part- time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the established promotional rosterpart-time seniority list. Section 3 When 9.08 The Co-operative agrees to give four (4) weeks' notice prior to changing an employee refuses employee's status from full-time to a permanent promotion in his/her line of progression, he/she forfeits his/her rights to part-time basis. 9.09 Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all future promotion, until after all the full-time employees shall have seniority over part-time employees. Part-time employees will have seniority only over other part-time employees. Part-time employees who have bypassed him/her are considered. Upon written request become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the Citymost senior part-time employee first, he/she may be reinstated and thereafter in decreasing order of seniority, providing the affected employee has the ability to his/her proper place in do the line normal requirements of progression behind those who have bypassed him/herthe job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 3 contracts

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

SENIORITY. Section 1 There 9.01 Seniority for all employees shall be established a defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority List shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves the service of the regular members Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the Fire & Rescue Department, and said list bargaining unit shall be brought up-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station a trial period for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the established promotional rosterpart-time seniority list. Section 3 When 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee refuses employee's status from full-time to a permanent promotion in his/her line of progression, he/she forfeits his/her rights to part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all future promotion, until after all the full-time employees shall have seniority over part-time employees. Part-time employees who have bypassed him/her are considered. Upon written request become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the Citymost senior part-time employee first, he/she may be reinstated and thereafter in decreasing order of seniority, providing the affected employee has the ability to his/her proper place in do the line normal requirements of progression behind those who have bypassed him/herthe job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. Section 1 There A. Seniority shall accrue to permanent full-time Employees and shall be established based upon total continuous service in a classification represented by this Agreement. Approved leaves of absence without pay and layoffs shall not be cause for loss of seniority. Provided, however, such laid off Employees or Employees on leave without pay shall not accrue seniority during the actual period of layoff or leave. B. Each new Public Safety Officer, upon the completion of his/her probationary period, which shall not be less than one (1) year in duration, shall be placed on the seniority list and seniority shall accrue from the Employee's first day of employment in the classification. C. Seniority List shall terminate if any Employee: 1. Quits or retires. Provided, however, that with respect to an Employee who quits, this provision shall not apply to whatever rights such Employee has heretofore enjoyed in connection with the Pension Plan upon reemployment. 2. Is discharged for just cause, including, but not limited to, any violation of the regular members Rules and Regulations of the Fire & Rescue Department, Public Safety Department and said list shall be brought up-to-date by the City on provisions of this Agreement. 3. If he/she is absent for two (2) consecutive work days without notifying the University or before January 15th having a justifiable reason for his/her absence. 4. Gives a false reason to obtain a leave or if he/she fails to return to work upon termination of each yearany leave of absence or vacation. 5. Said list shall immediately be posted on bulletin board in each Fire Station If he/she is laid off for a period equal to his/her seniority at the time of not less than thirty dayslayoff, and or two (2) years, whichever is the lesser. 6. Separation upon settlement covering total disability or Workers' Compensation. 7. Failure to return to work when recalled from layoff. D. If an Employee serving in a copy non-represented capacity within the Department of same Public Safety reverts to a former assignment within the Bargaining Unit, he/she shall be mailed to have seniority rights reinstated on the Secretary basis of the seniority earned while serving in classifications represented by the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility E. Any Employee who is promoted or transferred out of the City, Department of Public Safety but continues as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 an Employee of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination University shall be posted on all Department bulletin boards retain his/her earned Departmental seniority for a period equal to his/her seniority at the time of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top or transfer or three (3) candidates on years, whichever is less, in the established promotional roster. Section 3 When an employee refuses a permanent promotion in his/her line of progression, event he/she forfeits his/her rights to all future promotion, until after all is returned by the employees who have bypassed him/her are considered. Upon written request University to the City, he/she may be reinstated Department of Public Safety. This shall apply to his/her proper place in the line of progression behind those who have bypassed him/herfuture promotions or transfers.

Appears in 3 contracts

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

SENIORITY. Section 1 There 14.01 Seniority shall be established defined as the length of continuous service with the Employer within the bargaining unit. 14.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all layoffs, and during all periods of sickness and/or injury, subject to the provisions hereof. 14.03 An employee shall cease to have seniority rights and their employment status with the Employer shall be terminated for all purposes if the employee: (a) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreement; (b) voluntarily quits or resigns; (c) has been laid off continuously for a period of twenty six (26) weeks, or is called back to work after a layoff and does not provide evidence of an intention to accept the recall within five (5) calendar days of receiving a registered letter sent to their last known address, or after being recalled and providing evidence of an intention to return to work, does not return to work within fourteen (14) calendar days, or such longer time as may be agreed to between the Employer and the employee; (d) is absent from work without an approved leave of absence for more than three (3) consecutive scheduled shifts. (e) fails to return to work on the completion of an authorized leave of absence. 14.04 Seniority List shall be the primary factor in all matters of promotion, awarding of a new position or vacancy, and recall after layoff, providing the more senior employee has the necessary ability to perform the normal functions of the regular members job. 14.05 The Employer shall have the right to lay off employees. Where the Employer elects to layoff an employee, such layoff shall be classification based, and the employee with the least seniority in the classification shall be laid off first. The laid-off employee will be permitted to bump into a lower classification and displace another employee with less seniority provided the employee has the skill and ability to perform the normal requirements of the Fire & Rescue Departmentjob, without the need of additional training. In circumstances where the employee bumps into a lower classification, the employee shall receive the wage associated with said classification. 14.06 The Employer shall provide the Union, in January and said list shall be brought July of each year, an up-to-date by seniority list of all employees covered under the City on or before January 15th terms of each yearthis Agreement. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary Copies of the Union. This seniority list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department the bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked board located on the written portion. When a permanent promotion is Employer's premises and faxed or emailed to be made, the selection shall be from the top three (3) candidates on the established promotional rosterUnion Office. Section 3 When 14.07 The Employer agrees to provide as much notice as reasonably possible prior to changing an employee refuses employee's status from full-time to a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/herpart-time basis.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 18.01 Seniority shall be established defined as the length of continuous service with the Employer within the bargaining unit. 18.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all layoffs, and during all periods of sickness and/or injury. 18.03 An employee shall cease to have seniority rights and their employment status with the Employer shall be terminated for all purposes if the employee: (a) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreement; (b) voluntarily quits or resigns; (c) has been laid off continuously for a period of one (1) year and is called back to work after a layoff and does not return to work within fourteen (14) calendar days of receiving a registered letter sent to their last known address; (d) fails to return to work on the completion of an authorized leave of absence unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Employer shall be considered a satisfactory reason. 18.04 Seniority List shall be the governing factor in all matters of promotion, awarding of a new full-time position or vacancy, relieving another employee in a higher paying classification, and recall after layoff, providing the more senior employee has the ability to be able to perform the normal functions of the regular members job. Reverse order of seniority shall be the governing factor in all matters of demotion, layoff, and reduction to part-time, providing the more senior employee has the ability to be able to perform the normal functions of the Fire & Rescue Department, job. 18.05 Seniority for full-time employees shall apply amongst full-time employees and said list it is agreed that all full-time employees shall have seniority over all part- time employees. Part-time employees shall have seniority only over other part-time employees. Part-time employees who become full-time shall begin accumulating their full- time seniority at that time. 18.06 Full-time employees with one (1) or more years of full-time seniority who are reduced to part-time by the Employer shall be brought placed at the top of the part-time seniority list. Full-time employees with less than one (1) year of service and who have no continuous part-time service with the Employer shall retain their full-time seniority date in the event they are reduced to part-time. 18.07 No full-time employee shall be laid off and/or reduced to part-time status by the Employer unless all part-time employees have been laid off first. 18.08 The Employer shall give four (4) weeks' notice in writing or four (4) weeks' pay in lieu thereof, to any employee whose status is to be changed by the Employer from full-time to part-time. 18.09 The Employer shall provide the Union in January and July of each calendar year with an up-to-date by seniority list of all employees covered under the City on or before January 15th terms of each yearthe Collective Agreement. Said Copies of the seniority list shall immediately also be posted on bulletin board in each Fire Station for a period of not less than thirty days, given to the Shop Stewards and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department the bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked board located on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rosterEmployer's premises. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 3 contracts

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

SENIORITY. Section 1 There 19.01 Seniority for full-time employees shall be established a defined as the length of continuous service with the Employer within the bargaining unit from date of last hire. For part-time employees, seniority shall be calculated on the basis of hours worked from date of last hire, with 2080 hours worked representing one (1) year of service. A part- time employee shall not accumulate in excess of one (1) year of seniority in any calendar year. 19.02 Seniority List shall continue to accumulate during all paid and unpaid authorized leaves of the regular members of the Fire & Rescue Departmentabsence, during all layoffs, and said list during all periods of sickness and/or injury, unless specifically addressed otherwise in this Agreement. 19.03 An employee shall cease to have seniority rights and their employment status with the Employer shall be brought up-to-date deemed terminated for all purposes if the employee: (a) is duly discharged by the City on Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreement; (b) voluntarily quits or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station resigns; (c) has been laid off continuously for a period of fifty-two (52) weeks or is called back to work after a layoff and does not less return to work within fourteen (14) calendar days of receiving a registered letter sent to their last known address; (d) is absent from work without an approved leave of absence for more than thirty days, and five (5) consecutive working shifts unless a copy of same satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Employer shall be mailed considered a satisfactory reason; (e) fails to return to work on the Secretary completion of an authorized leave of absence unless a satisfactory reason is given by the Unionemployee. Sickness and/or inability to communicate with the Employer shall be considered a satisfactory reason. (f) utilizes a leave of absence for purposes for other than which the leave was granted. (g) is absent due to illness or disability or Workers’ Compensation benefits in excess of twenty-four (24) months. This list provision shall stand approved be interpreted in accordance with the Manitoba Human Rights Code, as posted unless challenged and reported amended from time to the Fire Chief on or before the posting period has expiredtime. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability 19.04 Seniority shall be the sole right governing factor in all matters of promotion, awarding of a new full-time position or vacancy, relieving another employee in a higher paying classification, and responsibility recall after layoff, providing the more senior employee has the skill and ability to be able to perform the normal functions of the Cityjob. Reverse order of seniority shall be the governing factor in all matters of demotion, as measured against layoff, and reduction to part-time, providing the following consideration: a. Has more senior employee has the physical qualification skill and ability to do be able to perform the work, as prescribed in Section 21 normal functions of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional roster. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 16.01 For the purpose of determining seniority an employee’s aggregate hours paid will be converted by using the following formula: two thousand and eighty (2,080) paid hours equals one (1) year. An employee’s seniority shall be established calculated from his/her first date of hire and shall accrue on a Seniority List calendar year basis to a maximum of 2,080 aggregate hours accumulation in any one calendar year. 16.02 An employee shall lose his/her seniority if: (i) he/she voluntarily terminates his/her employment subject to the regular members right to rescind in clause 16.06; (ii) he/she is discharged for reasonable cause; (iii) he/she is absent without notice and without a satisfactory reason to the City, in excess of ten (10) working days from commencement of such absence; (iv) he/she is not in receipt of wages for any period exceeding twelve (12) continuous months for reasons other than approved leave of absence, including any leave granted in accordance with statute. (v) on three (3) or more occasions in the Fire & Rescue Departmentcalendar year he/she, and said without reasonable cause, fails to report for work, after having agreed to report. 16.03 The City shall maintain a seniority list shall be brought of all employees coming within the Local 79 Unit. An up-to-date by the City on or before January 15th copy of such list shall be forwarded electronically to Local 79 in January, April, July and October of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion16.04 Within six (6) months, demotion, and transfer the City shall notify employees on their bi-weekly pay stubs of employees within the Department, their accumulated hours for seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration:purposes. a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required 16.05 An employee covered by the City; d. Cooperates with supervisors Unit B Part-Time Collective Agreement or the Long Term Care Homes and observes rules Services Part-Time Collective Agreement, who moves to a part-time position covered by the Recreation Workers’ Part-Time Collective Agreement shall carry his/her seniority and regulations; e. Protects the property service as calculated, defined and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional roster. Section 3 When an employee refuses a permanent promotion prescribed in his/her line of progressionrespective Collective Agreement. 16.06 An employee who resigns shall have the right to rescind his/her resignation, provided that he/she forfeits notifies his/her rights to all future promotionimmediate supervisor in writing, until after all the employees who have bypassed him/her are considered. Upon written request with a copy to the City, General Manager within seven (7) calendar days of the date on which he/she may tenders his/her resignation. Upon receipt of such notification by the employee’s supervisor, if the specific position(s) the employee vacated has not been filled, the employee shall be reinstated to his/her proper place in the line of progression behind those who have bypassed him/herformer position(s). It is understood that such time off shall be without pay but with benefits.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 22.01 Seniority shall be established defined as the length of continuous service with the Employer within the bargaining unit. 22.02 Seniority shall accumulate during all paid and unpaid authorized leaves of absence, during all layoffs of up to twelve (12) months, and during all periods of sickness and/or injury. 22.03 Employees shall cease to have seniority and their employment status with the Employer shall be terminated for all purposes if the employee: (a) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreement; (b) voluntarily quits or resigns; (c) is laid off for more than twelve (12) months; (d) is recalled back to work after a Seniority List layoff and does not return to work within two (2) weeks of receiving a registered letter to their last known address advising of the regular members recall; (e) is absent from work without a written leave of absence for more than three (3) consecutive working days unless a reason satisfactory to the Employer is given by the employee; (f) fails to return to work on the completion of an authorized leave of absence unless a reason satisfactory to the Employer is given by the employee. 22.04 Seniority bargaining unit wide shall be the governing factor in all matters of demotion, layoff, recall after layoff and reduction to part-time, providing the employee has the immediate ability to perform the normal requirements of the Fire & Rescue Departmentjob, as determined by the Employer. The Employer, in determining ability, agrees to be fair and reasonable. Seniority within the department firstly, then bargaining unit wide shall be the governing factor in all matters of promotion, awarding of a new position or vacant position, and said list relieving another employee in a higher or equally paying classification, providing the employee has the immediate ability to perform the normal requirements of the job, as determined by the Employer. The Employer, in determining ability, agrees to be fair and reasonable. 22.05 The Employer shall be brought provide the Union every four (4) weeks, with an up-to-date by seniority list of all employees covered under the City terms of the Collective Agreement. The list for the Union in Excel format will be emailed and contain all current information on or before employees, address, phone number, email, position, rates of pay, any employees on leave and what leave they are on. An up-to-date seniority list consisting of name and seniority only shall be posted in January 15th and July of each year. Said list shall immediately be posted calendar year on the bulletin board in each Fire Station located on the Employer's premises, and Shop Stewards shall be entitled to make copies. 22.06 Employees within the bargaining unit, who accept a position with the Employer which places them outside of the bargaining unit, shall continue to accumulate seniority for the purpose of this Agreement, for a period of not less than thirty days, and a copy of same six (6) calendar months. Said employees shall be mailed entitled to return to the Secretary bargaining unit and their former job at any time during the six (6) month period if they so choose. The Employer shall also have the right to return said employees to their former job at any time during the six (6) month period if it chooses. Employees who remain outside of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards bargaining unit for a period in excess of thirty six (306) days immediately preceding the examinationcalendar months shall be allowed to retain but not accumulate seniority for a further six (6) months. 22.07 Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Said Part-time employees shall have seniority only over other part-time employees. 22.08 The Employer shall give two (2) weeks' notice shall contain sources of questions asked on the written portion. When a permanent promotion in writing or two (2) weeks' pay in lieu thereof, to any person whose status is to be made, changed by the selection shall be Employer from the top three (3) candidates on the established promotional rosterfull-time to part-time. Section 3 When an employee refuses 22.09 To be eligible for recall, employees must file their name and current address with the Employer at the time of layoff. 22.10 The Employer may from time to time allocate additional work to bargaining unit employees as it sees fit and on a permanent promotion in his/her line discretionary basis. The type of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may work contemplated is work that would not be reinstated to his/her proper place done in the line normal course by bargaining unit employees and in many cases could otherwise be done by contractors (such as painting, sweeping, checking of progression behind freezing belts, cleaning of fire tubes, etc.). Such additional work will be publicised as circumstances permit so as to allow those interested to apply. The Employer has sole discretion on who have bypassed him/herwill perform the work but will take into account such things as seniority, ability and cost.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 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 established used in determining preference or priority for promotions, transfers, demotions, layoffs and recall. Seniority shall operate on a Seniority List 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 regular members of the Fire & Rescue Department, and said 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 or employees who transfer from a position outside the bargaining unit shall be on probation and seniority shall become effective only after an employee has worked a total of six hundred hours (600) hours and shall then be measured from the beginning of the probationary period. During the probationary period employees shall be entitled to all rights and privileges of this Agreement, except that he shall not grieve with respect to discharge. For positions combining seasonal assignments, a performance assessment of three hundred 14.04 Seniority rights shall cease and the employee will be deemed terminated for the following reasons: (a) If the employee resigns; (b) After twenty-four (24) consecutive months on layoff; (c) If the employee is discharged and the discharge is not reversed through the grievance procedure; (d) If an employee is laid off and fails to return to work within five (5) working days after being notified by registered mail to his last known address, on the Corporation's records, to report for work and does not give a satisfactory reason; (e) If an employee overstays a leave of absence granted by the City on or before January 15th Corporation in writing and does not secure an extension of each yearsuch leave, unless a satisfactory reason is given; (i) No employee shall be promoted to a position outside the bargaining unit without his consent. Said list If an employee is promoted to a permanent position outside of the bargaining unit, subsequent to the signing of this Agreement, he shall immediately be posted on bulletin board in each Fire Station retain his seniority acquired at the time of leaving the bargaining unit for a period of not less to exceed six (6) months. Such an employee may only return to the bargaining unit during the six (6) month period for this position, through the posting procedure. Such return shall be discussed between the Union and the Corporation. Such return shall not result in the displacement of an employee with greater seniority. (ii) An employee who accepts a temporary posted position outside of the bargaining unit subsequent to the signing of this Agreement for reason other than thirty daysreplacing 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 twenty-four (24) months 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 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 which the Corporation intends to fill 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 copy bargaining unit member is not available to perform this work, or no member of same 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 which the Corporation intends to fill shall be mailed to the Secretary filled in accordance with (c) and (d) above. (f) It is understood that any member of the Unionbargaining unit appointed to a temporary unposted non-union position will not be responsible for labour relations or human resources issues involving bargaining unit members. This list shall stand approved as posted unless challenged Such matters will be referred to permanent non-union supervisors and reported to the Fire Chief on or before the posting period has expiredmanagers. Section 2 In matters affecting promotion, demotion, and transfer (g) It is understood the above conditions come into effect after five (5) shifts when a member of the bargaining unit is appointed to a temporary un-posted 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 Departmentjurisdiction 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, seniority shall govern subject to fitness and ability. The determination who becomes a member of an employee's fitness and ability shall be CUPE Local 1287 as the sole right and responsibility result of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion workplace accommodation due to a disability, shall transfer all accumulated seniority and/or credited service with the Corporation to CUPE Local 1287. 14.08 The following is the process to be made, used when two (2) or more employees have the selection shall be from the top three (3) candidates on the established promotional roster. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are consideredsame seniority date. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.Example 1: Example 2:

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. Section 1 There (a) Seniority shall commence and accumulate from the date on which a Nurse last commenced employment with the Employer, Algoma Public Health. Seniority shall be established recorded in hours. (b) In calculating full time Nurses’ seniority, one (1) complete year of full time service is equal to one thousand eight hundred and twenty (1820) hours. (c) Part time Nurses’ seniority shall be recorded in number of hours paid. (a) Seniority shall be retained and accumulated when a Seniority List Nurse is absent from work under the following circumstances: i) approved leave of absence with pay; ii) approved leave of absence without pay up to four (4) continuous calendar weeks; iii) when in receipt of Workplace Safety and Insurance Board benefits as a result of injury or illness received while in the employment of the regular members Employer; iv) when in receipt of sick leave benefits, including the EI period of sick leave; v) when on pregnancy/parenting leave; vi) when in receipt of Long Term Disability Benefits if continued to be employed, up to two (2) years; vii) when on approved leave for ONA business; viii) when on an approved leave of absence as listed under the provisions of the Fire & Rescue Department, and said list Employment Standards Act. (b) Seniority shall be brought up-to-date by retained but not accumulated when a Nurse is absent from work under the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station following circumstances: i) for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period one (1) year after illness allowance credit has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administrationbeen used; b. Has experience related ii) when laid off due to do the job; c. Performs the work reduction in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards Nursing staff for a period of thirty less than twenty-four (3024) days immediately preceding calendar months; iii) when on an approved leave of absence without pay which exceeds four (4) continuous calendar weeks; iv) when on a disciplinary suspension unless the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion suspension is to be made, the selection shall be from the top three (3) candidates on the established promotional rosterrevoked. Section 3 When an employee refuses (c) Seniority will be lost and employment terminated when a permanent promotion Nurse is absent from work under the following circumstances: i) she/he voluntarily quits her/his employment: ii) she/he is discharged for just cause and such discharge is not reversed through the grievance procedure; iii) she/he fails to report to work within ten (10) business days after being notified by registered mail to return to work following a layoff; iv) she/he is absent on lay-off for a period in his/her line excess of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.twenty-four

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 7.1 The purpose of seniority is to provide a policy governing layoffs and recalls. 7.2 In the event of a layoff, the Company shall consider: (a) the equipment for the work that has to be established a Seniority List performed; (b) the seniority of the regular members union member; (c) in the event the qualifications of the Fire & Rescue DepartmentOwner-Operator’s equipment are relatively equal, and said list shall be brought upthen the Owner-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, Operators’ seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right determining factor. 7.3 The Union will provide a bulletin board for each terminal in which the seniority list will be posted. The Company will provide the seniority list electronically to the Union office which will be updated and responsibility posted on a quarterly basis. 7.4 Owner-Operators shall be considered probationary until they have completed ninety (90) work days of contract, at which time they shall be placed on the seniority list, in accordance with dates. 7.5 Probationary Owner-Operators will work under the provisions of this Agreement during their probationary period, and they may be discharged or disciplined without recourse to the grievance procedure. Upon completion of the CityOwner-Operator’s probationary period all conditions of the Agreement will then apply, including the health and welfare provisions as measured against provided in the Company’s policy documents. 7.6 Contract may be terminated for any of the following considerationreasons; subject to the principals of progressive discipline and the reasonable application thereof: a. Has (a) if an Owner-Operator voluntarily quits: (b) if an Owner-Operator is discharged and not reinstated pursuant to the physical qualification to do grievance procedure as provided for in the work, as prescribed in Section 21 of the Procedural Memoranda, AdministrationAgreement; b. Has experience related (c) if an Owner-Operator has been laid off and has refused to do return to work within twenty-four (24) hours after being contacted personally by the jobCompany. When the Owner-Operator cannot be contacted personally, or is employed elsewhere, then the Company will notify him by registered mail, to his last known address, to return to work. He will then be given a maximum of seven (7) consecutive days from the date of notification to report for duty; c. Performs the (d) if an Owner-Operator is absent from work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests without securing a leave of the City; f. Reports absence for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top more than three (3) candidates on the established promotional rosterconsecutive working days; (e) if an Owner-Operator refuses a work or job assignment and that assignment has not violated this Collective Agreement or any provincial or federal regulations or other rules attached to this Agreement. Section 3 When (f) If an employee refuses Owner Operator or his driver commits any act, or fails to act, in circumstances that is a permanent promotion violation of the law, being unsafe for persons or property or being offensive to the Company’s customers, employees or other owner operators. (g) If the Owner Operator’s accident record is unacceptable to the Company. Such determination and evaluation shall be carried out in his/her line a reasonable manner by the Company. (h) If the Owner Operator or his driver fails to comply with any of progressionthe instructions, policies or procedures of the Company as may be issued from time to time in bulletins, memoranda, notices, manuals or other forms of announcement or directives which shall be reasonable and will have been properly communicated and enforced by the Company. (i) If an Owner Operator is discovered to have pulled any load other than one dispatched by Highland Operations, without prior written approval by Highland senior management, he/she forfeits his/her rights is subject to all future promotion, until after all the employees who have bypassed him/her are consideredimmediate contract termination. Upon written request to the City, he/she A grievance may be reinstated processed; however an arbitrator will be limited to his/her proper place in determining if the line infraction occurred and if so, no substitution of progression behind those who have bypassed him/herpenalty will be permitted.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Owner Operator Agreement

SENIORITY. Section 1 There 19.01 Seniority shall be established a defined as length of continuous service with the Employer within the bargaining unit. 19.02 Seniority List shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all layoffs, and during all periods of sickness and/or injury. 19.03 Seniority in the bargaining unit shall be the governing factor in matters of promotion, demotion, layoff, reduction to part-time, rehire after layoff, filling of new positions or vacant positions, and in assigning hours provided the employee has the capability and willingness to perform the normal requirements of the regular members of the Fire & Rescue Department, and said list job. 19.04 Seniority shall be brought up-to-date considered broken if an employee: (a) is duly discharged by the City on Employer and not reinstated through the grievance and arbitration procedures of this Agreement; (b) voluntarily quits or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station resigns; (c) has been laid off continuously for a period of twelve (12) months; (d) is called back to work after a layoff and does not less than thirty days, and a copy return within two (2) weeks of same shall be mailed such notification (or up to two (2) weeks if notice to another employer is required) by the Employer by registered letter to the Secretary last known address of the Union. This list shall stand approved as posted employee; (e) fails to return to work upon the completion of an authorized leave of absence unless challenged and reported such failure is due to provable sickness or provable inability to communicate established by evidence satisfactory to the Fire Chief on or before Employer; and (f) any employee transferred to a position outside the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within bargaining unit shall lose all seniority rights under the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top Collective Agreement three (3) candidates on months after the established promotional rosterdate of the transfer out of the bargaining unit, or such longer period as mutually agreed between the Union and the Employer. Section 3 When an 19.05 The Employer, when reducing hours of work, agree they will not reduce the scheduled hours of the full-time employee refuses for the purpose of replacing such hours with part-time help. 19.06 For the purpose of establishing a permanent promotion in his/her line of progressionfull-time seniority date, he/she forfeits his/her rights when a part- time employee is promoted to all future promotionfull-time status, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may employee will be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.credited with thirty

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 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 established used in determining preference or priority for promotions, transfers, demotions, layoffs and recall. Seniority shall operate on a Seniority List 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 regular members of the Fire & Rescue Department, and said 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 has worked a total of six hundred hours (600) hours and shall then be measured from the beginning of the probationary period. During the probationary period employees shall be entitled to all rights and privileges of this Agreement, except that he shall not grieve with respect to discharge. 14.04 Seniority rights shall cease and the employee will be deemed terminated for the following reasons: (a) If the employee resigns; (b) After twenty-four (24) consecutive months on layoff; (c) If the employee is discharged and the discharge is not reversed through the grievance procedure; (d) If an employee is laid off and fails to return to work within five (5) working days after being notified by registered mail to his last known address, on the Corporation's records, to report for work and does not give a satisfactory reason; (e) If an employee overstays a leave of absence granted by the City on or before January 15th Corporation in writing and does not secure an extension of each yearsuch leave, unless a satisfactory reason is given; (i) No employee shall be promoted to a position outside the bargaining unit without his consent. Said list If an employee is promoted to a permanent position outside of the bargaining unit, subsequent to the signing of this agreement, he shall immediately be posted on bulletin board in each Fire Station retain his seniority acquired at the time of leaving the bargaining unit for a period of not less to exceed six (6) months. Such an employee may only return to the bargaining unit during the six (6) month period for this position, through the posting procedure. Such return shall be discussed between the Union and the Corporation. Such return shall not result in the displacement of an employee with greater seniority. (ii) An employee who accepts a temporary posted position outside of the bargaining unit subsequent to the signing of this agreement for reason other than thirty daysreplacing 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 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 copy bargaining unit member is not available to perform this work, or no member of same 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 mailed to the Secretary filled in accordance with (c) and (d) above. (f) It is understood that any member of the Unionbargaining unit appointed to a temporary unposted non-union position will not be responsible for labour relations or human resources issues involving bargaining unit members. This list shall stand approved as posted unless challenged Such matters will be referred to permanent non-union supervisors and reported to the Fire Chief on or before the posting period has expiredmanagers. Section 2 In matters affecting promotion, demotion, and transfer (g) It is understood the above conditions come into effect after five (5) shifts when a member of the bargaining unit is appointed to a temporary un-posted 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 Departmentjurisdiction 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, seniority shall govern subject to fitness and ability. The determination who becomes a member of an employee's fitness and ability shall be CUPE Local 1287 as the sole right and responsibility result of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion workplace accommodation due to a disability, shall transfer all accumulated seniority and/or credited service with the Corporation to CUPE Local 1287. 14.08 The following is the process to be made, used when two (2) or more employees have the selection shall be from the top three (3) candidates on the established promotional rostersame seniority date. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 12.01 Seniority as referred to in this Agreement shall mean length of continuous employment as an employee of the Clinic. Seniority is to be used in the case of promotion (job postings), lay-off and recall. The parties hereto agree to the seniority and service list effective as at August 31, 2008 attached hereto as Schedule “A”. 12.02 Seniority shall accrue on the basis of one (1) year equaling 1950 hours. 12.03 Where two (2) or more employees commenced work on the same day, the greater seniority shall be established given to the employee with the earliest day of application for employment. 12.04 Seniority will operate on a bargaining unit wide basis. 12.05 Seniority List of the regular members of the Fire & Rescue Department, as calculated and said list posted shall be brought up-to-date by the City on or before January 15th deemed to be final and not subject to objection after posting, unless objection is made within 30 days of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expiredposting. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, 12.06 The seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination list shall be posted on all Department bulletin boards for a January 31st of each year. 12.07 Seniority shall be maintained and accumulated under the following circumstances: (a) while actively at work; (b) during any period of absence on paid sick leave or the first twelve (12) months of absence due to compensable injury or LTD; (c) during the first seventeen (17) weeks of pregnancy leave and eighteen (18) weeks of parental leave according to the Employment Standards Act; (d) during the first six (6) months of absence and for the first thirty (30) days immediately preceding the examination. Said notice of unpaid leave. 12.08 An employee’s seniority rights shall contain sources of questions asked on the written portion. When a permanent promotion is be lost and employment deemed to be made, terminated when: (a) she voluntarily quits; (b) she is discharged and discharge is not reversed through the selection shall be from grievance and arbitration procedure; (c) she is on layoff for more than eighteen (18) consecutive months or length of seniority whichever is less; (d) she fails to report to work at the top termination of a leave of absence or within one (1) week after being recalled to work and fails in either case to provide a satisfactory reason; (e) she fails to report for scheduled work for a period of three (3) candidates or more consecutive working days without notifying the Employer of such absence and providing a satisfactory response; (f) she has not worked for more than twenty-four (24) months because of illness or physical or mental disability and Article 4 has been complied with; (g) she utilizes a leave of absence for purposes other than for which the leave of absence was granted; (h) she is laid off and fails to return to work within seven (7) calendar days after being notified by registered mail to her last known address on the established promotional roster. Section 3 When an employee refuses employee’s records and does not give a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request reason satisfactory to the City, he/Clinic; or (i) she may be reinstated to his/her proper place in the line has been on an active claim with WSIB and has been off work for a period of progression behind those who have bypassed him/hertwo (2) years.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 27.01 For the purpose of this Agreement, seniority shall be established a Seniority List the number of days of service (rounded to the regular members nearest half day) an employee has been employed with the Employer plus days of the Fire & Rescue Departmenteducational leave granted in accordance with Article 15, Industrial leave in accordance with Article 16, Maternity, Adoption, or Parental leave granted in accordance with Article 18 and said Union leave granted in accordance with Article 22. (a) A seniority list shall be brought up-to-date by the City posted in each worksite on or before January 15th October 30th listing the seniority which has been accumulated as of each August 31st in the same year. Said A copy of this list will be sent to the NAPE Provincial Office. The list shall immediately be posted on bulletin board organized in each Fire Station for a period order of not less than thirty days, and a copy of same school or unit. (b) Each employee shall be mailed have the right to protest the seniority credited to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees employee within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding of the examinationposting of the list. Said notice Should an employee consider that the seniority credited to the employee is incorrect, then the employee must provide satisfactory proof of the error. Where satisfactory proof of an error is provided, the error will be corrected in respect to seniority accumulated during any previous year. (c) The Employer shall contain sources maintain in each worksite a current seniority list showing all laid off permanent employees of questions asked on the written portion. When Employer. (d) The Employer shall maintain in each worksite a current seniority list showing all part-time/temporary employees. 27.03 The following conditions shall result in loss of seniority for an employee: (a) the employee resigns in writing and is not re-employed within thirty (30) days; (b) the employee is dismissed and is not reinstated; (c) the employee has been laid off as a temporary or contractual employee in excess of thirteen (13) consecutive months; (d) the employee has been laid off as a permanent promotion employee in excess of twenty-five (25) months; (e) fails to return to work upon expiration of leave of absence except for just cause; (f) The employee is a temporary recall employee and has not worked for a period of time in excess of thirteen (13) consecutive months; (g) A temporary employee who has received notice of lay off must provide the Employer, in writing, a schedule of their availability for recall at the beginning of each four (4) month period from the date of layoff for the period of recall. The parties agree that the employee will not be contacted for periods for which they have indicated their unavailability. A temporary employee who advises the Employer of their availability to be made, the selection shall recalled and subsequently refuses recall will not be from the top three contacted for future work in that four (34) candidates on the established promotional rostermonth period. Section 3 When an employee refuses 27.04 Employees under notice of layoff may seek employment elsewhere and if successful, resign in writing and maintain the employee's seniority for a permanent promotion period in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.accordance with Clause 27.03

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There shall be established a Seniority List (a) That before appointment to the permanent staff, the date of entry into service of an individual for the purpose of the regular members of the Fire & Rescue Department, and said seniority list shall be brought up-to-the date of assignment to the staff; and (b) That after appointment to the permanent staff, the date of entry into service of an individual for the purpose of the seniority list shall be set back from the date on which the employee was assigned to the staff by the City on or before January 15th aggregate periods of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a temporary service prior to the date of assignment, provided that no period of not less than thirty days, and a copy of same temporary service shall be mailed taken into account for any individual prior to the Secretary date when the employee may have voluntarily withdrawn from the service of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expiredDivision. Section 2 10.2 No permanent employee shall be discharged except for cause. 10.3 In matters affecting promotionthe case of temporary lay-off, demotionsuch lay-off in the case of permanent employees who have continuously been in the employ of the Division for six (6) months or more, and transfer of employees within shall be on the Department, basis that the permanent employee with the least seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right first to be laid off, and responsibility in the case of re-employment the permanent employee having the most seniority of the City, as measured against laid-off permanent employees shall be first to be rehired. Seniority shall continue for eighteen (18) months from date of lay-off. 10.4 An employee shall lose seniority and the employee's name shall be removed from the seniority list for any one of the following considerationreasons: a. Has (a) voluntary termination of employment; or (b) discharge for just cause; or (c) retirement under the physical qualification terms of the Division's Pension Plan; or (d) failure to return to work following an authorized leave of absence unless through illness or other such reason acceptable to the Division; or (e) absence of more than two (2) consecutive working days without notifying the appropriate District Maintenance Manager or the appropriate District Maintenance Supervisor unless through illness or other such reason acceptable to the Division; or (f) failure to contact the appropriate District Maintenance Manager or the appropriate District Maintenance Supervisor within five (5) working days after receiving notice of recall from lay-off by registered mail to do so, unless through illness or other such reason acceptable to the work, as prescribed in Section 21 Division. The employee shall not be required to return to work following lay-off earlier than fifteen (15) working days after receipt of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests above notice unless through mutual agreement of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement employee and the assumption Division. The onus is on the employee to inform the Division in writing of additional responsibilityhis current address. Notice A copy of examination said notice of recall from lay-off will be forwarded to the Union no later than such notice being sent to the individual. An employee who has lost seniority as a result of the application of this clause shall be posted notified that their employment is terminated and where such notice is given, it shall be considered as just cause for termination. 10.5 Seniority will continue to accrue if an employee: (a) is on all Department bulletin boards for a any period of thirty paid leave of absence; or (30b) days immediately preceding is on any period of paid income protection; or (c) is on any period of paid vacation; or (d) is on any period of unpaid leave of absence of less than five (5) consecutive days; or (e) is absent on Workers' Compensation other than being in receipt of the examination. Said notice shall contain sources total permanent disability benefits established under Workers' Compensation. 10.6 Seniority will be retained but will not accrue if an employee: (a) is on any period of questions asked on unpaid leave of absence of more than five (5) consecutive days; or (b) is laid off for less than eighteen (18) consecutive months; or (c) is in receipt of the written portion. When a total and permanent promotion is to be made, disability benefits established under any disability plan or pension plan. 10.7 A copy of the selection seniority list shall be from provided and sent to each employee covered under the top three (3) candidates on the established promotional rosterAgreement not later than May 15 in each year. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There Seniority shall be established defined as the length of service since the last date of hire. (a) The Company recognizes the principle of seniority in the administration of promotions, demotions, transfers, layoffs and recalls. In this application of seniority under this section, if the employee has the necessary qualifications and the skill and ability to perform in accordance with the job requirements, seniority shall prevail. (b) Seniority shall be a Seniority List factor given consideration by the Company when assigning Shift Leaders and Leadhands. The Company will select Shift Leaders and Leadhands from those qualified in the job classification for which the Shift Leader or Leadhand is required. (a) New employees shall be regarded as probationary employees for the first four hundred and eighty (480) hours of employment. After the employee successfully completes probation he will be considered a permanent employee and his seniority will be backdated to the start of the regular members of probation period. (b) The Company reserves the Fire & Rescue Departmentright to terminate probationary employees, and said list who are considered unsuitable, at any time during the probationary period. (c) Probationary employees who remain employed shall be brought up-to-date given an oral progress report by their Supervisor. The report shall be given between the 200th and 280th hour worked. If the employee is not making satisfactory progress, the Shop Xxxxxxx or the Union Plant Committee will be advised. An employee’s seniority shall cease if the employee: (a) voluntarily resigns from the Company; (b) retires; (c) is discharged and is not reinstated through the grievance procedure; (d) is absent without reasonable cause and/or does not notify his supervisor within two (2) working days of an absence; (e) fails to return from an authorized leave of absence; (f) fails to report for work on recall or make satisfactory arrangements with the Company within five (5) days after personal notification to such employee, or after written notification to such employee by registered mail, telegram, or messenger has been sent by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station Company to his last known address; (g) is laid off for a period in excess of his recall rights under 5.07. In the event of a layoff, the Company may lay off employees by department. Seniority will be applied within a department as provided for in 5.02(a) above. When such layoff is necessary, the Union Plant Committee will be advised of the date of the layoff and those employees involved in the layoff at the earliest possible date. A minimum of one (1) week notice of lay off shall be given to all full time employees. (a) A permanent employee who is subject to a layoff in his department may bump a less senior employee in a similar or lower classification in another department, provided the more senior employee has the necessary skill and ability to perform in accordance with the job requirements. Any employee who is subject to a lay off will have one of the following options: Bump Be laid off and put on the recall list (b) In the event that a laid-off employee does not less than thirty have the skill and ability to bump under section (a) and the length of the layoff exceeds ten (10) working days, and a copy of same shall be mailed to the Secretary of employee may bump the Union. This list shall stand approved as posted unless challenged and reported to most junior employee in the Fire Chief on or before plant (i.e. the posting period has expired. Section 2 In matters affecting promotionemployee with the least seniority), demotion, and transfer of employees within provided the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness bumping employee can achieve the required skill and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the workjob after a brief familiarization period, as prescribed in Section 21 including training to a maximum of two (2) days. (c) In the event of a curtailment of the Procedural Memorandaworkforce in the plant the order of layoff will be as follows: Relief employees Probationary employees, Administration;except maintenance Permanent employees, except maintenance Maintenance employees b. Has experience related (d) Laid off employees, who have recall rights under article 5.07, will be recalled to employment in order of their seniority, provided they have the skill and ability to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests question after a brief familiarization period, including training to a maximum of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty two (302) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rosterdays. Section 3 When an employee refuses a permanent promotion in his/her line of progression(e) No new employees will be hired until those employees, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request been laid off and who have recall rights under article 5.07, have been given opportunity of recall under section (d) above. (f) An employee who has bumped into a different position or who has been recalled into a different position in accordance with the provisions of this article, shall have the option of returning to the Cityposition he held prior to his layoff, he/she may be reinstated to his/her proper place in should that position become vacant during the line of progression behind those who have bypassed him/heremployee’s recall period under article 5.07.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 9.01 Seniority for all employees shall be established a defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority List shall continue to accumulate during all paid and unpaid authorized leaves of absence except Union Leave as per sub-article 18.02. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or Arbitration procedure contained in this Collective Agreement; (b) an employee voluntarily leaves the service of the regular members Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without a leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the Fire & Rescue Department, and said list bargaining unit shall be brought up-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station a trial period for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one (1) full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the established promotional rosterpart-time seniority list. Section 3 When 9.08 The Co-operative agrees to give four (4) weeks' notice prior to changing an employee refuses employee's status from full-time to a permanent promotion part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. 9.10 Preference in his/her line weekly available hours of progression, he/she forfeits his/her rights to all future promotion, until after all the work within a department for part-time employees who have bypassed him/her are considered. Upon written request shall be given to the Citymost senior part-time employee first, he/she may be reinstated and thereafter in decreasing order of seniority, providing the affected employee has the ability to his/her proper place in do the line normal requirements of progression behind those who have bypassed him/herthe job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 13.01 Seniority shall be established a defined as the length of continuous service with the Company within the bargaining unit. 13.02 Seniority List for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees shall have seniority only over other part-time employees. Full-time employees reduced to part-time by the Company, will be placed at the top of the regular members part-time seniority list for all purposes, and ranked in accordance with their original full-time seniority date. Except where deemed by the Company to be in the best interest of the Fire & Rescue Departmentoperation, full time employees may not displace an employee in a higher wage rated job. 13.03 In the matter of promotion, demotion, xxxxxx and said list recall after a layoff, seniority shall be brought up-to-date the governing factor provided the employee under consideration has the merit, ability and fitness as determined by the City Company to handle the work to be performed after a brief familiarization period. 13.04 No new employees will be hired until all employees on layoff have been recalled back to work, provided the recalled employee is available, willing and able to perform the required work. 13.05 Seniority shall be considered broken and services terminated if an employee: (a) is duly discharged by the Company and not reinstated through the grievance and/or arbitration procedure contained in this Agreement; (b) voluntarily quits or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station resigns; (c) has been laid off continuously for a period of more than twelve (12) months or is called back to work after layoff and does not less than thirty daysreturn to employment within forty-eight (48) hours; (d) is absent from work without a written leave of absence, and a copy of same unless satisfactory reason is given by the employee. Sickness or inability to communicate with the Company shall be mailed considered a satisfactory reason; 13.06 Any employee promoted to a position outside the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability bargaining unit shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has on a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards trial period for a period of thirty six (306) days immediately preceding calendar months. If the examinationemployee is not successful in their new position or decides to return within the bargaining unit, same will be allowed within the six (6) month period. Said notice The employee shall contain sources then return to the bargaining unit without loss of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rosterseniority and benefits. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the 13.07 Part-time employees who have bypassed him/her are considered. Upon written request shall not be employed or scheduled to the City, he/she may be reinstated to his/her proper place extent that it results in the line displacement or prevents the hiring or posting of progression behind those who have bypassed him/herfull-time employees. 13.08 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all layoffs, and during all periods of illness and/or injury.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Agreement

SENIORITY. Section 1 There A. Seniority 1. Seniority of employees will be based upon classification and length of continuous service with the City Colleges of Chicago. 2. Conflicts in seniority between employees in a particular classification who have identical periods of service with the Colleges will be resolved in favor of those who have the greatest number of years of continuous service with the Colleges. 3. A Unit II employee who moves to a Unit I position shall retain her seniority. B. Reductions In Force 1. Reductions in force decisions. The Board shall determine which departments and classifications or titles within departments are to be reduced at a Board facility. Reductions in force shall be established conducted by College which shall include the College’s satellite facilities or campuses. 2. Selection of employees for reductions in force. Employees in a Seniority List of the regular members of the Fire & Rescue Department, and said list classification within a College selected for reduction shall be brought up-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board laid off in each Fire Station for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following considerationorder: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, AdministrationTemporary employees; b. Has experience related to do the jobProbationary employees; c. Performs Inverse order of seniority provided however, that the work Board may select an employee for layoff out of inverse order of seniority if that employee has received a disciplinary suspension in the manner required preceding twelve (12) months. Where and to the extent feasible, part-time and/or hourly employees performing clerical, technical or non-professional work within a College shall be reduced in force prior to the reduction in force of any full-time bargaining unit employee within said College. However, no part-time or hourly employee will be reduced in force in accordance with this provision if he or she is performing work that cannot be performed efficiently by a full-time existing bargaining unit employee working a full normal schedule at regular straight-time pay rates. 3. A competent, able and efficient employee not being laid off under paragraph 2 above but whose job is eliminated (“displaced employee”) shall be placed within the same College (which shall include the College’s satellite facilities or campuses) in the following order of priority if and to the extent feasible: a. Placed in an open position within the same classification. b. Placed in an open position for which the employee is qualified as determined by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rosteremployer. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. Section 1 There 1: The parties recognize that the filling of vacancies, decreases in the workforce, layoffs and recalls should be determined in relation to an Employee's performance (including attendance and/or discipline record), qualifications, skills, abilities and length of service (as defined in Section 2 below). It is recognized, however, that the Employer and its management have the responsibility for the efficient and profitable operation of the business. Consequently, in all cases of filling of vacancies, decreases in the workforce, and layoffs, length of service shall be established the determining factor only where the Employees' overall performance (including attendance and/or discipline records), qualifications, skills and abilities are equal. Section 2: For all purpose under this Agreement, seniority is calculated from the date of first employment in the bargaining unit by the Employer and/or any predecessor contractor or reemployment therein following a Seniority List break in service as described in Section 5 below. Section 3: When two or more Employees begin work on the same date the Employer shall assign priority in length of service by last 4 digits of Social Security Number from 0 to 9999 with the regular members lowest being the most senior. Section 4: Upon request, he Employer shall provide semi-annually the seniority list of all bargaining unit Employees to the Fire & Rescue Department, and said Union. Such list shall contain each Employee's length of service. Section 5: Length of service will be brought up-to-date by broken with the City on loss of all seniority and the Employee shall be deemed terminated from employment if the Employee: a) Resigns or before January 15th quits for any reason; b) Is discharged; c) Is absent from work for two (2) consecutive working days without notifying his supervisor in which case he or she shall be considered a voluntary quit. In the event of each year. Said list extreme circumstances involving illness or injury to the Employee which prevent the Employee, his or her immediate family or representative from notifying the Employer, this provision shall immediately be posted on bulletin board in each Fire Station not apply if notice to the Employer is given as soon as practicable; d) Is laid off for a period of not less than thirty days, and a copy 26 weeks from the date of same shall be mailed to the Secretary his/ her last day of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on active employment or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination his or her length of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administrationservice whichever is less; b. Has experience related e) Is absent due to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards occupational injury for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be 26 weeks from the top three (3) candidates on the established promotional roster. Section 3 When an employee refuses a permanent promotion in date of his/her line last day of progressionactive employment or of his or her length of service, whichever is less, unless such period is extended by the Employer as a reasonable accommodation for a protected disability or is extended pursuant to the Agreement. f) Fails to return as scheduled following a leave of absence or pursuant to a notice of recall. A recall notice shall be deemed sufficient if communicated directly to the Employee or if mailed or otherwise delivered with accompanying proof thereof to the last address of the Employee on the Employer's records, with a copy to the Union. It is each Employee's responsibility to insure that his or her address and telephone records are accurate; g) Engages in other employment while on a leave of absence, unless otherwise agreed to by the Employer and Union in writing. h) Becomes ineligible to work because he/she forfeits his/her rights failed successfully to all future promotion, until after all complete training or testing or failed to meet qualifications mandated by the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/herGovernment.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. Section 1 There 22.01 Seniority shall be established defined as the length of continuous service with the Employer within the bargaining unit from the most recent date of hire. 22.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, and during all periods of sickness and/or injury. 22.03 An employee shall cease to have seniority rights and their employment status with the Employer shall be terminated for all purposes if the employee: (a) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreement; (b) voluntarily quits or resigns; (c) is absent from work without an approved leave of absence for more than three (3) consecutive working days unless a Seniority List satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Employer shall be considered a satisfactory reason; (d) fails to return to work on the completion of an authorized leave of absence unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Employer shall be considered a satisfactory reason. 22.04 Vacancies in positions which involve a promotion to a higher classification shall be posted for at least seven (7) days and interested applicants shall apply in writing. The position will be awarded to the best applicant, based on skills, abilities, reliability and availability, provided that if applicants are relatively equal, the applicant with more seniority will be awarded the position. The successful applicant will be subject to a three (3) month trial period during which he/she may be returned to his/her former position if not acceptable or he/she may choose to voluntarily return to their former position. Reverse order of seniority shall be the governing factor for the reduction of the regular members workforce, providing the more senior employee has the skill and ability to be able to perform the normal functions of the Fire & Rescue Department, and said list job. 22.05 Employees from within the bargaining unit who accept a position with the Employer which places them outside of the bargaining unit shall continue to accumulate seniority for a period of six (6) calendar months. Said employees shall be brought entitled to return to the bargaining unit and their former job at any time during the six (6) month period if they so choose. 22.06 After the scheduling of special roles, daily available Ad Cast hours of work shall be scheduled to the most senior Ad-Cast employee first and thereafter in decreasing order of seniority, providing the employee is available and willing to work the hours. Daily available box office part-time hours shall be scheduled equitably among box office employees considering their availability. 22.07 The Employer shall provide the Union in January and July of each calendar year with an up-to-date by seniority list of all employees covered under the City on or before January 15th terms of each yearthe Collective Agreement. Said Copies of the seniority list shall immediately also be posted on bulletin board in each Fire Station for a period of not less than thirty days, given to the Shop Stewards and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department the bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked board located on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rosterEmployer's premises. Section 3 When an employee refuses a permanent promotion in 22.08 An Employee shall not attain or acquire seniority until he/she has completed his/her line of progression, he/she forfeits his/her rights to all future promotion, until probation period after all which the employees who have bypassed him/her are considered. Upon written request Employee’s seniority will date back to the City, he/she may be reinstated to his/her proper place in the line most recent date of progression behind those who have bypassed him/herhire.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There ‌ 12:01 The Employer agrees to observe the seniority of the employees in connection with promotions, demotions, lay-offs, and recalls insofar as it is practicable to do so, providing other qualifications are relatively equal. Promotions to supervisory positions outside of the bargaining unit shall not be subject to the provisions of this Agreement. When an employee is laid off, they shall have the option of displacing the least senior employee in the same classification or the least senior employee in a lower classification affected by the layoff, providing they are qualified to perform the work of that classification and has more seniority in terms of service than the employee to be displaced. The intention to exercise this right must be declared within ten (10) days of notification of lay-off by the Employer. It is understood that when an employee exercises this option, they shall be established a paid the rate for the lower classification. Accumulation of Seniority‌ 12:02 Seniority List shall accumulate in the following circumstances: (a) when actually at work; (b) when absent on vacation or holidays; (c) to the extent the employee is covered by the sick leave provisions of the regular members Collective Agreement; (d) during the first one-hundred and twenty (120) days of a leave of absence; and (e) while on pregnancy/parental leave. Loss of Seniority‌ 12:03 An employee shall lose seniority if they: (a) voluntarily quits the employ of the Fire & Rescue Department, and said list shall be brought up-to-date by University; (b) is dismissed with just cause; (c) has been laid off for more than one year; (d) fails to return to work within ten (10) days following the City on or before January 15th termination of each year. Said list shall immediately be posted on bulletin board in each Fire Station for an authorized leave of absence without a period of not less than thirty days, and a copy of same shall be mailed reason satisfactory to the Secretary Employer; (e) following a lay-off, fails to advise the Employer within five (5) working days of receipt of notice to return to work, of their intention to return to work or fails to report for work on the Uniondate and at the time specified in the said notice. This Seniority List‌ 12:04 A current seniority list shall stand approved as posted unless challenged will be prepared and reported provided to the Fire Chief on or before Local President quarterly each year during the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer term of employees within the Department, seniority shall govern subject to fitness and abilitythis Agreement. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of Union will have thirty (30) days immediately preceding to inform the examination. Said notice shall contain sources Employer of questions asked on any errors and/or omission to the written portion. When a permanent promotion is list to be madeadjusted if established to be inaccurate. Notice of Lay-Off‌ 12:05 The Employer shall notify employees who are to be permanently laid off in accordance with the following schedule: Upon completion of the probationary period, the selection shall be from the top but with less than one (1) year of service – one (1) week One (1) year of service, less than three (3) candidates on years – two (2) weeks Three (3) years of service or more – one (1) week for each year of service to maximum of eight (8) weeks If the established promotional roster. Section 3 When employee to be laid off has not been given the opportunity to work the amount of time specified in the above schedule, they shall be paid in lieu of that part of the notice required in the schedule during which work was not available. One week’s pay is equal to the amount an employee refuses a permanent promotion in his/her line would have received at their regular rate of progressionpay for non-overtime work week. Change of Address‌ 12:06 It shall be the duty of each employee to notify and keep the Employer informed promptly of any change of address, he/she forfeits his/her rights telephone number, and e-mail. If any employee should fail to all future promotiondo so, until after all the employees who have bypassed him/her are considered. Upon written request Employer will not be responsible for failure of such notice to reach the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/heremployee.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 13:01 Seniority is defined as the date of hire by an employee at the Company's Vancouver Plant and/or Warehouses. 13:02 Accrual of Seniority - Seniority accumulates when an employee is absent from work: (a) Resulting from an occupational injury or illness covered by the Workers' Compensation Act; (b) During a continuous absence from work of not more than twelve (12) months, resulting from an injury or illness not covered by the Workers' Compensation Act. After these twelve (12) months seniority will cease to accrue, but stays in force for a further twelve (12) months; (c) During any leave of absence; (d) During a lay-off of twelve (12) months or less. 13:03 The Company shall advise a member of the Unit Executive forty-eight (48) hours prior to notice of all lay-offs, promotions, demotions, and recalls from lay- off. If a layoff should extend beyond 13 weeks, the employee may choose to protect recall rights as per Article 13:04 or exercise his/her rights for severance as per the BC Employment Standards Act, Section 1 There 8. 13:04 Loss of Seniority (a) Voluntarily quits his/her employment with the Company; (b) Is discharged for cause; (c) Fails to report for work within five (5) calendar days after receiving notice of recall. Notice of recall shall be established a Seniority List by direct telephone, absence of the regular members of the Fire & Rescue Department, and said list shall favourable response to be brought up-to-date followed by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, and a copy of same shall be mailed registered mail sent to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability address then on the Company's records. It shall be the sole right and responsibility of the City, as measured against laid-off employee to advise the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 Payroll Department of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional roster. Section 3 When an employee refuses a permanent promotion in his/her line latest mailing address; (d) Is on lay-off for more than twelve (12) consecutive months. (e) Is absent from work without leave unless there was, in the Company's opinion, a justifiable cause for such absence. 13:05 Probationary Employees A new employee shall be considered to be on probation for 90 calendar days from date of progressionhire and shall not be entitled to any seniority rights until the employee has satisfactorily completed such probation period. Probationary employees who miss days of work for any reason, he/she forfeits will have their probationary period extended the amount of time that was missed. At 30, 60 and 90 days a performance review will be conducted with the employee. A Shop Xxxxxxx will be present. If such employee is continued in the employ of the Company after the expiration of the probationary period, his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may length of service shall be reinstated to computed from his/her proper place in the line date of progression behind those who have bypassed him/herhire.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There (a) For the purposes of this Agreement an instructor's seniority (other than that of a probationary instructor) shall commence with the date of the instructor's most recent hiring (other than as a result of a recall after a lay- off) by the Board and shall be established a Seniority List maintained and accumulated so long as the instructor remains in the employ of the regular members Board during: (i) a lay-off within any period during which the instructor was entitled to be recalled, (ii) any sickness or accident, (iii) any authorized leave of absence, and (iv) any period of secondment to any other organization approved by the Board. (b) When a probationary instructor finishes the probationary period the instructor shall be entered on the seniority list and shall rank for seniority from the date the instructor was last hired. (c) A loss of seniority shall be deemed to have occurred if an instructor employed by the Board: (i) quits; (ii) is discharged and is not reinstated by reason of the Fire & Rescue Departmentgrievance procedure; (iii) is laid off and not recalled within the times provided for in Article 9.05; (iv) fails following a lay-off to notify the Board within seven (7) working days of the Board sending to the instructor a notice to return to work (such notice to be sent by registered mail to the instructor's last address on record with the Board) of the instructor's intention to return or fails to report for work on the date and at the time specified in such notice, and which date is not sooner than said list seven (7) working days. 9.02 Seniority lists shall be brought up-to-date posted annually by the City on or before Board by January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days30, and a copy of same thereof shall be mailed sent to the Recording Secretary of the Local Union. This Such list shall stand approved as posted unless challenged contain the work location and reported language of instruction of each instructor. The Human Resources Department shall also notify the President and Recording Secretary of the Local Union of all hirings (including the work location and percentage of teaching time of each new instructor), lay- offs, transfers, secondments, completion of probation and terminations of employment within two (2) weeks of reporting such actions to the Fire Chief on or before Board and of receiving Board approval where required. Every May and November, the posting period has expiredBoard shall also provide to the President and Recording Secretary of the Local Union the addresses of all instructors who do not object to the release of such information. Section 2 In matters affecting promotion9.03 A new instructor shall cease to be a probationary instructor on December 31st, demotionthe last day of the mid-winter break or June 30th, and transfer if by any of employees within those dates such instructor has completed twelve (12) months of a school year in the Department, seniority shall govern subject to fitness and abilitybargaining unit. The determination of an employee's fitness and ability time while the employee is on leave without pay (i.e., medical, maternity, adoption), shall not be included when determining the sole right and responsibility completed twelve (12) months. The probationary period may be extended for one school year by mutual agreement of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement instructor and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rosterBoard. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 20.01 Seniority shall be defined as the length of continuous employment with the Company within the bargaining unit. Temporary absence from work, as set forth in this Agreement, shall not break seniority. 20.02 Seniority shall accumulate during all paid and unpaid authorized leaves of absence for the first three (3) calendar months only. Thereafter, seniority shall be maintained until the employee returns to work. The exception to this shall be layoffs, and any leave of absence for sickness, injury, maternity leave, or parental leave, where in such case seniority shall accrue during the entire layoff or leave of absence, as the case may be. 20.03 Seniority rights of an employee may be terminated for any of the following reasons: (a) if an employee voluntarily leaves the employ of the Company; (b) if an employee is discharged for just and sufficient cause and the employee is not reinstated through use of the Grievance Procedure; (c) if an employee fails to return to work after a layoff within seven (7) calendar days after notice to return to work has been forwarded by registered mail to their last address on file with the Company, unless a satisfactory reason is given by the employee. Substantiated illness, injury, or situations where notice to terminate employment with another Company is required to be given to said Company, shall be considered as a satisfactory reason. Where such notice is required to be given to another Company the seven (7) days' notice referred to above shall be increased to fourteen (14) calendar days; (d) if an employee fails to return to work after the completion of an authorized leave of absence unless a satisfactory reason is given by the employee. Substantiated illness or injury shall be considered as a satisfactory reason; (e) if an employee has not performed work for the Company during any twelve (12) consecutive calendar month period, except in the case of accident, sickness or disability; (f) if an employee has failed to report for work for more than three (3) consecutive working days unless a satisfactory reason is given by the employee. Substantiated illness or injury shall be considered as a satisfactory reason. 20.04 The awarding of promotions, vacancies, or relieving in a higher rated classification shall be done on the basis of seniority providing the senior applicant possesses the skill and ability to perform the normal requirements of the job. The determination of sufficient skill and ability to perform the normal requirements of the job shall be based on evidence and standards that are reasonable, demonstrable and objective, and both on the job experience and related experience shall be considered substantial evidence of sufficient skill and ability to perform any job under consideration. In the event of a promotion, the employee will be on a trial period for ninety (90) working days during which time he or she may elect to return to his or her former job, or the Company may return the employee to his or her former job for just cause. 20.05 Seniority shall be the governing factor in all cases of layoff providing the employee involved has the ability to do the normal requirements of the job. Under this definition, the last employee hired shall be the first to be laid off. In the event of layoff, an employee having more seniority than another employee and claiming the other employee's job shall be given a sixteen (16) hour trial period on said job. Any temporary employee who at the time of layoff either does or does not exercise their rights under this paragraph, shall nevertheless only be recalled to work in their former classification from which they were initially laid off, or their Plant Help "A" or "B" classification, whichever occurs first. 20.06 Seniority shall be the governing factor in all cases of recall to work providing the employee involved has the ability to do the normal requirements of the job. Under this definition, the employee on layoff who has the most seniority shall be the first to be recalled to work. 20.07 Seniority shall be applied among permanent and temporary employees respectively. All permanent employees shall have seniority over all temporary employees. Temporary employees shall have the same seniority over other temporary employees. 20.08 When an employee's employment is voluntarily reduced from permanent status to temporary status, said employee's temporary seniority shall be dated back to his or her original date of hire. 20.09 The seniority dates for temporary employees who are advanced to the status of permanent employees shall be established on the basis of each year of employment as a Seniority List temporary employee equalling fifty (50%) percent of a calendar year, unless the regular members employee can demonstrate continuous employment during six (6) months or more of a particular calendar year, in which case the Fire & Rescue Department, and said list employee will be credited with one (1) full year of seniority. The only exceptions to this shall be brought up-to-when establishing an employee's wage rate and vacation entitlement where seniority shall date by back to the City employee's original date of hire. 20.10 Any employee promoted to a position outside the bargaining unit shall be on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station a trial period for a period of six (6) calendar months. If the employee is not less than thirty dayssuccessful in their new position, and a copy of or decides to return within the bargaining unit, same will be allowed within the six (6) month period. The employee shall be mailed then return to the Secretary bargaining unit without loss of seniority and benefits. Management shall endeavour to give first consideration to such promotions from within the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expiredbargaining unit (Xxxxxxx xxxxxx). Section 2 20.11 Employees who have been awarded a position as a result of a job posting will only be able to retain one (1) "bid-in" classification at any given time. In matters affecting promotion, demotion, and transfer the event of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the insufficient work in the manner required by classification the City;employee is currently in, the employee will revert to either Plant Help "A" or "B" only. From Plant Help "A" or "B", they will then be able to rebid on any new bid-in classification that becomes available in the future. The exception to this rule where an employee may bid in or bump into additional classifications will be in the event of layoffs. An exception to the rule will also be when relieving Production Supervisors. d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. 20.12 When a permanent promotion position or positions in a classification is to be madeopen to bid, the selection shall be from Company agrees only to fill the top three (3) candidates on positions open for bidding as per the established promotional roster. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the Agreement. If employees who have bypassed him/her are considered. Upon written request applied for the job do not get the job they shall not be entitled to the Citybump another employee with less seniority in positions already occupied, he/she may be reinstated to his/her proper place which were not open for bidding, except in the line event of progression behind those who have bypassed him/herlayoffs.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There (a) Seniority, as referred to in this Agreement, shall be established a mean the length of continuous service of an employee within the bargaining unit. (b) Seniority List shall include the following: (i) Continuous service with the Ottawa-Carleton Housing Authority and the Ottawa Housing Corporation, and (ii) Continuous service with the City of Ottawa, the City of Ottawa Non-Profit Housing Corporation (City Living) and the Ottawa Community Housing Corporation. 12.02 Seniority shall commence from the first day of continuous employment provided that the employee has completed the probationary period. 12.03 Seniority shall accumulate under the following circumstances: (a) When the employee is on the active payroll of the regular members Employer; (b) When the employee is off the payroll due to an authorized lay off of twelve months or less; (c) When the employee is off the payroll due to an accident and when the employee is receiving compensation under the Workplace Safety and Insurance Act and the predecessor Worker's Compensation Act, and when the employee has not accepted employment with another employer; (d) When the employee is off the payroll on any leave of absence authorized by the Employer and/or under the provisions of this Agreement, except in those situations covered by a leave of absence without pay in excess of twenty (20) days. 12.04 An employee shall lose seniority when he/she: (a) Voluntarily resigns or leaves the employment of the Fire & Rescue Department, and said list shall be brought up-to-date by the City on Employer or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station is absent from work without authorization for a period in excess of not less than thirty five working days, and unless the employee has a copy of same reason acceptable to the employer, in which case it shall be mailed deemed to be a voluntary termination; (b) Is discharged and not reinstated; (c) Is off the payroll for a continuous period of more than twelve (12) months as a result of a lay off; (d) Fails to report to work within three working days after having been notified of a recall to work following a lay off unless the employee has a reason acceptable to the Secretary Employer; (e) Fails to return to work upon termination of authorized leave of absence unless the Union. This list shall stand approved as posted unless challenged and reported employee has a reason acceptable to the Fire Chief on or before the posting period has expiredEmployer, such failure shall be considered as a voluntary termination. Section 2 12.05 No employee shall be transferred outside the scope of this Agreement without their consent. In matters affecting promotionthe event an employee, demotioncovered by this Agreement, accepts to be transferred to a position outside the scope of this Agreement and transfer of employees at a later period, returns to a position within the Department, seniority shall govern subject to fitness and ability. The determination scope of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be madethis Agreement, the selection employee shall be from retain the top three (3) candidates on seniority which the established promotional rosteremployee held at the time of transfer but shall not accumulate any additional seniority for the period during which the employee held a position outside the scope of this Collective Agreement. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There ‌ 11.01 Seniority is defined as the length of continuous service with the Employer. Seniority shall operate on a bargaining unit wide basis. 11.02 The Employer shall maintain a seniority list which shall be established a Seniority List of sent to the regular members of the Fire & Rescue Department, Union and said list shall be brought up-to-date by the City posted on or before all bulletin boards in January 15th of each year. Said list . 11.03 An Employee shall immediately forfeit all seniority and their employment shall be posted deemed to end under the following conditions: (a) if the Employee quits or retires; (b) if the Employee is discharged for just cause and not reinstated through the grievance procedure; (c) if the Employee is absent from work for more than two (2) consecutive working days without notifying the appropriate immediate Supervisor, unless an explanation satisfactory to the Employer is given by the Employee; (d) they fail to report to work within two (2) days of the date specified for him to do so in a letter of recall sent to him by registered mail by the Employer, which letter must be sent no later than ten (10) working days prior to the specified date of recall to the Employee at their last known mailing address on bulletin board the records of the Employer; (e) they engage in each Fire Station other gainful employment while on leave of absence unless they have received permission in writing from the Employer to undertake such employment; (f) they fail to return to work upon the termination of an authorized leave of absence on their next scheduled shift unless a reason acceptable to the Employer is given; (g) if the Employee has been off the payroll for a continuous period of not less than thirty days, and a copy of same twelve (12) months (an Employee receiving WCB top-up payments under Article 20.07 shall be mailed deemed to be off the payroll) or twenty-four (24) months from the initial date of absence when in receipt of LTD payments. 11.04 A bargaining unit Employee who receives a full-time permanent position with the Employer outside of the bargaining unit will retain their bargaining unit seniority in its entirety, provided the Employee returns to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported bargaining unit within a time period equivalent to the Fire Chief on or before seniority which the posting period has expiredEmployee accumulated while in the bargaining unit. Section 2 In matters affecting promotion, demotion, and transfer 11.05 It is the duty of employees within each Employee to notify the Department, seniority shall govern subject to fitness and abilityEmployer promptly of any change in principal address and/or telephone number. The determination of If an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification Employee fails to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be madeso, the selection shall Employer will not be from responsible for failure of a notice to reach the top three (3) candidates on the established promotional rosterEmployee. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 20.01 Seniority shall be defined as the length of continuous employment with the Company within the bargaining unit. Temporary absence from work, as set forth in this Agreement, shall not break seniority. 20.02 Seniority shall accumulate during all paid and unpaid authorized leaves of absence for the first three (3) calendar months only. Thereafter, seniority shall be maintained until the employee returns to work. The exception to this shall be layoffs, and any leave of absence for sickness, injury, maternity leave, or parental leave, where in such case seniority shall accrue during the entire layoff or leave of absence, as the case may be. 20.03 Seniority rights of an employee may be terminated for any of the following reasons: (a) if an employee voluntarily leaves the employ of the Company; (b) if an employee is discharged for just and sufficient cause and the employee is not reinstated through use of the Grievance Procedure; (c) if an employee fails to return to work after a layoff within seven (7) calendar days after notice to return to work has been forwarded by registered mail to their last address on file with the Company, unless a satisfactory reason is given by the employee. Substantiated illness, injury, or situations where notice to terminate employment with another Company is required to be given to said Company, shall be considered as a satisfactory reason. Where such notice is required to be given to another Company the seven (7) days' notice referred to above shall be increased to fourteen (14) calendar days; (d) if an employee fails to return to work after the completion of an authorized leave of absence unless a satisfactory reason is given by the employee. Substantiated illness or injury shall be considered as a satisfactory reason; (e) if an employee has not performed work for the Company during any twelve (12) consecutive calendar month period, except in the case of accident, sickness or disability; (f) if an employee has failed to report for work for more than three (3) consecutive working days unless a satisfactory reason is given by the employee. Substantiated illness or injury shall be considered as a satisfactory reason. 20.04 The awarding of promotions, vacancies, or relieving in a higher rated classification shall be done on the basis of seniority providing the senior applicant possesses the skill and ability to perform the normal requirements of the job. The determination of sufficient skill and ability to perform the normal requirements of the job shall be based on evidence and standards that are reasonable, demonstrable and objective, and both on the job experience and related experience shall be considered substantial evidence of sufficient skill and ability to perform any job under consideration. In the event of a promotion, the employee will be on a trial period for ninety (90) working days, during which time she or he may elect, to return to her or his former job, or the Company may return the employee to her or his former job for just cause. 20.05 Seniority shall be the governing factor in all cases of layoff providing the employee involved has the ability to do the normal requirements of the job. Under this definition, the last employee hired shall be the first to be laid off. In the event of layoff, an employee having more seniority than another employee and claiming the other employee's job shall be given a thirty-seven and one-half (37½) hour trial period on said job. The employee shall be entitled to ask for and receive assistance from other employees during this time period when requested. 20.06 Seniority shall be the governing factor in all cases of recall to work providing the employee involved has the ability to do the normal requirements of the job. Under this definition, the employee on layoff who has the most seniority shall be the first to be recalled to work. 20.07 Seniority shall be applied among permanent and temporary employees respectively. All permanent employees shall have seniority over all temporary employees. Temporary employees shall have the same seniority over other temporary employees. 20.08 When an employee's employment is voluntarily reduced from permanent status to temporary status, said employee's temporary seniority shall be dated back to his or her original date of hire. 20.09 The seniority dates for temporary employees who are advanced to the status of permanent employees shall be established on the basis of each year of employment as a Seniority List temporary employee equalling fifty (50%) percent of a calendar year, unless the employee can demonstrate continuous employment during six (6) months or more of a particular calendar year, in which case the employee will be credited with one (1) full year of seniority. The only exceptions to this shall be when establishing an employee's wage rate and vacation entitlement where seniority shall date back to the employee's original date of hire. 20.10 Any employee promoted to a position outside the bargaining unit shall be on a trial period for a period of six (6) calendar months. If the employee is not successful in her or his new position, or decides to return within the bargaining unit, same will be allowed within the six (6) month period. The employee shall then return to the bargaining unit without loss of seniority and benefits. Management shall endeavour to give first consideration to such promotions from within the bargaining unit (Xxxxxxx xxxxxx). 20.11 Temporary employees shall only be entitled to hold one (1) seasonal/ relief job classification at any one (1) time. Temporary employees who successfully bid into another seasonal/relief job classification shall relinquish the seasonal/relief job classification they previously held. Any seasonal/relief job classification that has been successfully bid into shall subsequently only be filled on an as needed basis by the temporary employee who has successfully bid into this classification. A seasonal/relief job classification shall not be reposted for bids until such time as the temporary employee who has already successfully bid into said classification has successfully bid into another seasonal/relief job classification or is no longer employed by the Company. For the purposes of this agreement, seasonal/relief work shall be deemed to be a vacancy. 20.12 A term position shall be posted for bids on each occasion that it occurs. Employees who successfully bid into a term position shall revert to their previous classification at the same time as the term position expires. A term position shall only be filled by the employee who has successfully bid into said position. For the purposes of this Agreement, a term position shall be deemed to be a vacancy. 20.13 Employees acquiring seniority on the same date shall be added to the appropriate seniority list following a ballot draw of the regular members names of the Fire & Rescue Department, and said list affected employees with the more senior person being the one whose name is drawn first. The ballot draw shall be brought made in the presence of all persons who are affected. 20.14 Preference in available hours of work shall be given to senior employees, insofar as this is consistent with their availability and ability to do the job. 20.15 The Company shall provide the Union in January and July of each calendar year, with an up-to-date by seniority list of all permanent and all temporary employees covered under the City on or before January 15th terms of each yearthe Collective Agreement. Said list Copies of the seniority lists shall immediately also be posted on bulletin board in each Fire Station for a period of not less than thirty days, given to the Shop Stewards and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department the bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked board located on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rosterCompany's premises. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Agreement

SENIORITY. Section 1 There (a) Seniority shall be established defined as the length of continuous employment with the Company in the bargaining unit. Seniority shall be effective only after a full- time employee has completed a ninety (90) working days probationary period and shall be computed from the date of his first employment. Seniority List shall be effective only after a part-time employee has completed a one hundred and twenty (120) calendar day probationary period and shall be computed form his first day of employment. (a) Seniority shall be the governing factor in matters of demotion, layoff, reduction to part-time, re-hire after layoff provided the employee has the capability and willingness to perform the work required. (b) In cases of filling permanent job vacancies and promotions, the following factors shall be considered: (I) seniority; (II) general knowledge of the regular members of business and ability. Where the Fire & Rescue Departmentfactors in (ii) are relatively equal, and said list than (i) shall be brought up-to-date the governing factor. (c) All vacancies will be posted for five (5) working days at this location. 17.03 Termination of employment and loss of seniority shall result if the employee: (I) is duly discharged for just cause by the City on Company’ (II) voluntarily quits or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station resigns; (III) has been laid off continuously for a period of more than twelve (12) months; (IV) is called back to work after a layoff and does not less than thirty days, and a copy return within two (2) weeks of same shall be mailed such notification by the Company by registered letter to the Secretary last known address of the Union. This list shall stand approved as posted unless challenged and reported employee; (V) fails to return to work on the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination completion of an employee's fitness and ability shall be the sole right and responsibility authorized vacation, or Leave of the City, as measured against the following consideration:Absence unless such failure is due to provable sickness; and a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports (VI) is absent for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates consecutive working days without notifying the employer. 17.04 Any employee transferred or promoted to a position outside the bargaining unit shall lose all seniority rights under the Collective Agreement six (6) months after the date of the transfer out of the bargaining unit. 17.05 The Company, when reducing hours of work, agree they will not reduce the regular scheduled hours of the full-time employee for the purpose of replacing such hours with part-time. 17.06 Full-time employees reduced to part-time status will maintain their seniority and their full-time rate of pay. 17.07 For the purposes of seniority, when a part-time employee is promoted to full-time status, the following method of calculating wage and seniority will be utilized: For every one hundred and sixty (160) hours worked, the employee will be credited with one (1) month’s seniority. 17.08 Employees will be placed on the established promotional rosterseniority list based on their length of continuous employment with the Company. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 29.1 Seniority shall be established defined as the uninterrupted length of continuous service in a Seniority List position within the Bargaining Unit with the University of Toledo and/or predecessors of the regular members University of Toledo. Seniority shall be measured in calendar days of employment. Any employee under jurisdiction of this Agreement transferred or promoted to a position with the Employer not under this Agreement may be returned without loss of seniority already earned to the date of transfer. 29.2 The term "continuous service" as used in this Agreement, shall be so construed that absence from employment due to illness, accident, other approved leaves of absence or layoffs up to two (2) years due to lack of work or funds shall not cause a break in the term "continuous service." It shall, however, be broken for any of the Fire & Rescue Departmentfollowing reasons: A. Quit or voluntary resignation; B. Discharge for cause; C. Failure to return to work at scheduled expiration of leave of absence; D. A leave of absence may be cancelled and service broken if the employee performs other work without the Employer's knowledge; E. An employee absent from work for three (3) consecutive working days without notification in accordance with departmental procedures will be considered a voluntary quit and will cancel all previous seniority except in case of extreme personal emergency, such case to be reviewed by Management and said list the Union. F. An employee on layoff who fails to report for work within ten (10) days after being notified by registered mail at their last known address on file in the Human Resources Department will be considered as a voluntary quit and this will cancel all seniority and re-employment rights unless the Human Resources Department has been properly notified and has agreed to the extension of time. If an employee is to be separated under this section the Union shall be brought notified and shall have five (5) working days in which to determine if there are extenuating circumstances which prevented the laid off individual from responding. The parties agree to meet within the five (5) days to consider the possible extension of the reporting time by the Employer. 29.3 The Employer will provide up-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, and a copy of same shall be mailed classification seniority lists to the Secretary of the Union. This These lists shall be kept up to date and give the employee's date of employment in the classification and total seniority. The list shall stand approved as posted unless challenged and reported be available for all employees to the Fire Chief on or before the posting period has expiredexamine. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional roster. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 2 contracts

Samples: Contract Agreement, Collective Bargaining Agreement

SENIORITY. Section 1 There 18.01 Seniority hereunder of any Employee, including that of a probationary Employee after she has completed her probation, shall commence with the date of her employment, provided that if there shall have been a break in service, her seniority shall mean the date of such Employee's last re-entry into employment. A break in service means termination and shall be established a Seniority List deemed to have occurred if an individual employed by the Employer: (a) quits; (b) is discharged and not reinstated in accordance with Article 12 of this agreement; (c) is laid off for at least 12 consecutive months; (d) subject to the requirements of the regular members of Ontario Human Rights Code and the Fire & Rescue DepartmentEmployment Standards Act, and said list shall be brought up-to-date by is unable to participate in the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station employment relationship for a period of not less than thirty days, and a copy at least 24 consecutive months; (e) fails to notify the Employer of same shall be mailed her intention to the Secretary return to work following layoff within 10 Business Days of the Uniondate on which the Employer sent notice of recall by registered mail. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability It shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification Employee to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administrationensure that Human Resources Services is provided with a current address and telephone number; b. Has experience related (f) fails to do report for work on the jobdate and at the time specified in such notice to the Employer; c. Performs (g) is absent from work without permission. Permission shall not be unreasonably withheld. Employees must notify the work Employer of illness if possible and must supply proof of illness if requested. It is recognized that it is the responsibility of each Employee to advise the Employer of impending absence as soon as practicable in order that staffing changes may be made; (a) The promotion or transfer of Employees to positions outside the Bargaining Unit is not covered by this Agreement and shall not be subject to the terms of this Agreement. (b) An Employee who, within 1 year of accepting a position with the Employer which is outside the Bargaining Unit, is moved back into a position in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination Bargaining Unit shall be posted on all Department bulletin boards credited with her full length of University service for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rosterseniority purposes. Section 3 When an employee refuses a permanent promotion 18.03 Seniority will continue to accrue for Employees subject to layoff in his/her line accordance with Article 19. 18.04 The Parties agree that the seniority list is accurate as of progressionJanuary 30, he/she forfeits his/her rights to all future promotion2016. The seniority date for Employees hired on or after February 1, until after all 2016, will be the employees who have bypassed him/her are considered. Upon written request to date of hire into the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/herBargaining Unit.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There (a) For such purposes as outlined in 10.02, bargaining unit seniority shall mean accumulated service with the Employer from their last date of hire within the bargaining unit. (b) Once an employee is hired, they shall not have any seniority standing with the Employer for lay-off and recall purposes until they have completed a probationary period of three (3) months within a one (1) year period. Their seniority shall be established a Seniority List calculated from their date of hire. (c) Their employment may be terminated within this period if, in the Employer’s opinion, they would not be suitable for continuing employment and the probationer will have no recourse through the grievance and arbitration procedures. Upon successful completion of the regular probationary period, all new employees shall remain members of the Fire & Rescue DepartmentUnion as a condition of continued employment with the employer. (a) For purposes of promotion, demotion, layoff, overtime and said list recall following layoff ability to perform the work, seniority shall be brought up-to-date the governing factor for all classifications, where ability is relatively equal to meet all of the normal requirements of the work assigned, seniority will apply. In the event of a permanent layoff the most junior employees within the plant will be displaced with the exception of maintenance. (b) The Employer agrees that whenever training is required the Employer will post and the training will be offered by seniority by shift to the City on most senior employee. There will be validation upon completion of the training. 10.03 An employee will lose his/her seniority standing if: (a) he or before January 15th she voluntarily leaves the service of each year. Said list shall immediately be posted on bulletin board in each Fire Station the Employer. (b) he or she is discharged and not reinstated through the grievance procedure. (c) he or she is laid off for a period of not less than thirty daystwelve (12) consecutive months. (d) he or she is promoted out of the bargaining unit to a full time permanent position. (e) he or she has been absent from work for twenty-four (24 consecutive months for any reason except for absences in conflict with any federal or provincial law. (10.03) (e) shall apply to absences that commence August 7, and a copy of same shall be mailed 2020. 10.04 An employee’s failure to maintain membership in good standing upon notice in writing from the Union to the Secretary Employer that an employee: (a) is not a member of the Union; (b) is suspended from the Union; (c) has been expelled from the Union; (d) has resigned from the Union; (e) the Employer shall immediately discontinue the employment of such employee. 10.05 An employee is responsible for keeping the Employer advised of his current address and telephone number. This list Recall shall stand approved as posted unless challenged and reported only be made to the Fire Chief on or before last known address recorded with the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required Employer by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects employee. For the property and interests purposes of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination this section, “business day” shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is mean 8:30 a.m. to be made, the selection shall be from the top three (3) candidates on the established promotional roster. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.4:30 p.m.,

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There SECTION 1. The Company agrees to apply seniority, as herein defined, so far as practicable in all cases of promotion or increase or decrease in the force of employees. Seniority, as herein used, shall be established a Seniority List take, into consideration - (a) Length of service of an employee from the date of his or her first employment unless during this period such an employee has been justifiably discharged, has voluntarily quit the service of the regular members of the Fire & Rescue DepartmentCompany, and said list shall be brought upor has been absent from service through lay-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station off for a period of not less than thirty daysat least one year, hereinafter termed "length of continuous service." (b) Knowledge of and a copy of same shall be mailed to training in the Secretary hardware business and efficiency in the preformance of the Unionemployee’s duties, (c) Physical fitness. This list Whenever the seniority factors hereinabove designated as "b" and "c” are relatively equal, factor "a", to wit, length of continuous service, as hereinabove defined, shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and abilitygovern. The determination of an employee's fitness the aforesaid factors and ability the qualifications of employees shall be determined exclusively by the sole Company, subject to the provisions of Section 8 of this article. SECTION 2. In applying seniority, as herein de­ fined, the Company agrees that it will make every fair and reason­ able effort to apply the same on a plant-wide basis in the Produc­ tion Department, reserving, however, to the Company the exclusive right and responsibility power to determine whether such application of seniority is practicable or feasible and if, in the judgment of the CityCompany, the application of seniority on a plant-wide basis in said Pro­ duction Department is either not practicable or not feasible, or is likely to be harmful to the Company’s best interests, the Com­ pany is hereby authorized to deviate therefrom and to substitute in lieu thereof such other action as measured against may be fair and reasonable under the following consideration: a. Has circumstances. SECTION 3j» Any employee promoted or transferred by seniority shall bo given a fair trial on the physical qualification to do job in question and if, in the work, as prescribed in Section 21 judgment of the Procedural MemorandaCompany, Administration; b. Has experience related he or she fails to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports qualify for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination such new position, such employee shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is returned to be made, the selection shall be from the top three (3) candidates on the established promotional rosterhis or her former position. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. Section 1 There 8.01 An employee, other than a student hired for the vacation period, shall acquire seniority status after he has completed a probationary period of sixty (60) consecutive days within this bargaining unit. (a) An employee, who, on the effective date of this Agreement, was in the employ of the Company within the bargaining unit at the said Location, shall, for the purposes of this Agreement, be credited with the seniority he possessed at such time. (b) Except as hereinafter and above provided, in calculating seniority for the purpose of this Agreement all periods of a person's employment with the Company at the said Location, whether within the bargaining unit or not, which employment was not interrupted otherwise than by a lay-off of less than twelve (12) months, shall be established included. (c) Notwithstanding the provisions of clause 8.02 (b) above, a Seniority List person who has been in the employ of the regular members Company or its predecessor at any Works or location other than the said Location shall not be credited with seniority for such periods of employment unless an operation or operations of the Fire & Rescue DepartmentCompany should be transferred to the said Location from another location, in which case any person who was employed by the Company at the other location in such operation and who, as a result of such transfer, becomes an employee at the said Location shall, on becoming an employee, be credited with the seniority he possessed immediately prior to his transfer. (d) Seniority shall be lost upon termination of employment for any reason as well as upon transfer to a position outside the bargaining unit. Notwithstanding the foregoing, and said list shall be brought up-to-date by provided the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of employment outside the bargaining unit did not exceed twelve (12) months, and was not interrupted by a lay-off of less than thirty daystwelve (12) months, and a copy of same shall seniority would be mailed to restored upon re-entering the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expiredbargaining unit. Section 2 In matters affecting promotion, demotion, and transfer 8.03 Seniority shall govern in the case of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification who are equally qualified to do the workjob on all occasions when a lay-off which the Company expects to remain in effect for more than one (1) week is necessary, as prescribed or when a promotion or transfer to a classification listed in Section 21 Schedule "F" occurs. If any such temporary lay-off should subsequently become permanent or exceed one (1) week in duration, the provisions of this clause 8.03 shall apply immediately but such application shall be without retroactive effects. The Company's judgement shall not be exercised arbitrarily or unreasonably and the Company agrees to advise the Union of the Procedural Memoranda, Administration;reason for its decision on request. b. Has experience related (a) When it is necessary to do increase the job; c. Performs working force the Company shall not hire a person not formerly employed if there is available a former employee who was laid off within the previous twelve (12) months who had acquired seniority status prior to such lay-off and who is suitably qualified to perform the work in available. Seniority at the manner required time of lay-off shall govern between such former employees who possess equivalent qualifications. (b) A former employee who has not filed his current address and telephone number with the Company shall be ineligible for re-employment under the provisions of clause 8.04 (a). (c) The Company will advise an eligible former employee by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests telephone or failing this by registered letter of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has availability of a positive attitude towards advancement and job opening. Should the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is former employee fail to be made, the selection shall be from the top reply within three (3) candidates on days (excluding Saturdays, Sundays and those holidays described in clause 6.03 of this Agreement) from the established promotional rosterdate of mailing of such registered letter to the last forwarding address filed with the Company he shall be deemed ineligible for re-employment under the provisions of clause 8.04 (a). Section (d) A former employee who is unable or unwilling to accept re-employment when required by the Company may be bypassed by the Company in favour of another qualified former employee in accordance with the provisions of clause 8.04 (a) or if no such qualified former employee is available by other candidates for employment. (e) A former employee who is ineligible for re-employment under the provisions of clause 8.04 (b) or 8.04 (c) or who is unable or unwilling to accept employment under the provisions of clause 8.04 (d) shall be removed from the list of former employees eligible for re-employment and shall not be reinstated on such list unless he specifically requests the Company to do so, by registered letter, within twelve (12) months from his last date of lay-off. (f) A former employee who is eligible for re-employment under the provisions of this Article 8 may present a grievance at Step 3 When of the grievance procedure and process the grievance in accordance with the grievance procedure set out in this Agreement if he believes the Company's action in not re-employing him was in contravention of this Agreement. Should such grievance succeed and should the individual not be otherwise disqualified, he shall be re-instated and compensated at the regular basic rate of the job to which he is reinstated for the time lost. (a) The Company agrees to post seniority lists showing the seniority status of each employee and to furnish a copy of such lists to the Union. (b) The Company agrees to alter the seniority lists from time to time and to correct any errors therein whenever proof of error is submitted by the Union or any employee. No change shall be made in the seniority status of an employee refuses a permanent promotion without consultation with the Union. 8.06 The Company agrees that before permanently filling vacancies in his/her line jobs under preferred classifications listed in Schedule "F" it will post, on plant notice boards for five (5) working days, notices soliciting applications for such vacancies. 8.07 A Committee composed of progression, he/she forfeits his/her rights one representative of the Union and one representative of the Company shall meet from time to all future promotion, until after all time to discuss the filling of vacancies in jobs covered by clause 8.06 above and may make recommendations to the Company thereon. 8.08 In January of each year the Company will meet with the employees who have bypassed him/her are consideredand discuss if any employees would like to change their job classification. Upon written If an employee makes such a request to the City, he/she may Company will post the job and the most senior applicant will be reinstated to his/her proper place in awarded the line of progression behind those who have bypassed him/herposition.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 9.01 Seniority for all employees shall be established a defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority List shall continue to accumulate during all paid and unpaid authorized leaves of absence except Union Leave as per sub-article 18.02. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or Arbitration procedure contained in this Collective Agreement; (b) an employee voluntarily leaves the service of the regular members Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without a leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part- time, where reverse order of seniority shall apply. 9.05 Seniority shall be the governing factor in the choice of vacation. 9.06 Any employee promoted to a position outside of the Fire & Rescue Department, and said list bargaining unit shall be brought up-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station a trial period for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. 9.07 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part- time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one (1) full-time employee within the same department is being employed on a part-time basis at the same time. 9.08 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the established promotional rosterpart-time seniority list. Section 3 When 9.09 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee refuses employee's status from full-time to a permanent promotion part-time basis. 9.10 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. 9.11 Preference in his/her line weekly available hours of progression, he/she forfeits his/her rights to all future promotion, until after all the work within a department for part-time employees who have bypassed him/her are considered. Upon written request shall be given to the Citymost senior part-time employee first, he/she may be reinstated and thereafter in decreasing order of seniority, providing the affected employee has the ability to his/her proper place in do the line normal requirements of progression behind those who have bypassed him/herthe job and providing the employee is available and willing to work the additional hours. 9.12 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 2.01 Seniority for each regular paid employee who has been employed Section 2.02 When making a reduction in the number of employees due to lack A. Employees who have not established seniority with the Co-op shall be laid off first. B. Thereafter, employees shall be laid off in the inverse order of their established a Seniority List seniority; provided, however, that no Apprentice with less than two (2) years employment as such shall have preference in layoffs over Journeyman in the same classification who have established seniority under this Agreement. C. The foregoing provisions of (A) and (B) need not apply when the application thereof would result in the Co-op being required to layoff employees possessed of skills essential to properly perform the work available at the time of the regular members layoff not possessed by employees having established greater seniority; provided that an employee with greater seniority shall have shown that he cannot properly perform the work after a reasonable opportunity based on the position to attempt to perform such work. D. When adding employees, those having established seniority most recently laid off on account of curtailment of work shall be the Fire & Rescue Departmentfirst among those holding seniority to be reemployed, if available, and said list shall be brought up-to-date by physically able to return to work providing they have the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expiredqualifications required. Section 2 2.03 Seniority shall be deemed to have been broken for the following A. If the employee resigns. B. If the employee is discharged and not reinstated. C. If the employee is absent from work without authorized leave except when satisfactory reasons for his absence are given. D. If an employee who has been laid off fails to return to work within five (5) days after being properly notified to report to work and does not give a satisfactory reason for failing to report. E. In matters affecting promotionthe event that an employee with two (2) or more years of service is laid off in excess of twelve (12) consecutive months, demotionthen the seniority of such employees shall terminate. Section 2.04 Promotions to job vacancies shall be based on seniority, and transfer of employees within ability and A. Should an employee decline to bid on a vacancy, it shall have no effect on his future ability to bid. B. An employee promoted to a new position will be given a reasonable opportunity based on the Department, seniority shall govern subject position to fitness demonstrate his qualifications and ability. The determination of an employee's fitness and ability If he does not qualify in that time period, he shall be returned to the sole right and responsibility position he formerly held. C. If no bargaining unit employees bid on the vacancy, the Co-op may fill the vacancy at its own discretion. D. When vacancies occur or when new positions are created within the classifications listed in Article 6 of this Agreement, the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with coCo-workers; h. Has op will post a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted notice on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates days (Sundays and holidays excluded) announcing the position open. Employees desiring to be considered shall make written application to the Manager. Employees on vacation will be notified of a posting by the established promotional rosterCo-op. When necessary, temporary assignments will be made for the period the position is considered open. E. In no event will an employee in the Central Office classification have the right to bid for any opening as a Communications Man. The Co-op will, however, discuss and consider any request for such transfer. Section 3 When 2.05 An employee who has established seniority, if he can be separated A. Notwithstanding any of the other terms hereof, an employee refuses who has been laid off shall be deemed to have lost all accumulated seniority and all right to be re-employed unless he registers with the Co-op either in person or by registered mail, at least once a permanent promotion year during the month of December. B. Any written notice to be given under this Agreement shall be deemed properly given when deposited in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request United States Post Office under registered mail addressed to the City, he/she may be reinstated to his/her proper place last known address. Section 2.06 An employee who is injured while in the line employ of progression behind those who have bypassed him/her.the Co-op shall Section 2.07 The Co-op and the Union may by mutual agreement suspend or

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. Section 1 There 12.01 The term “seniority”, as used herein, shall mean accumulated service, calculated from the date the employee actually begins work in the plant, and shall include any classroom training time. 12.02 In the case of equality in seniority ranking, seniority shall be established a Seniority List determined by the alphabetical order of employee’s last names on their employment application at the time of hire. 12.03 An employee will lose his seniority and his employment with the Company will be terminated for any of the regular members following reasons: a) If he voluntarily quits. b) If he is discharged and not reinstated through the grievance procedure c) If he retires. d) If the employee is absent without Company approved leave of absence, for three (3) or more consecutive working days, without advising the Company and providing reasonable cause to justify the absence. e) If an employee has been laid off and does not return to work within five (5) days from delivery of the Fire & Rescue Departmentfirst notice of the registered letter, advising him to report for duty. A copy of the registered letter will be provided for the Plant Chairperson at the time of mailing f) If an employee is laid off due to lack of work and said list is not recalled for a period extending beyond their length of seniority or 24 months, whichever is less. 12.04 It shall be brought the responsibility of the employee to notify the Company in writing promptly of any change in their address and telephone number (listed or unlisted). If any employee fails to do so, the Company will not be responsible for failure of any contact or notice to reach such employee. 12.05 The company agrees to post an up-to-date by the City on or before January 15th of each yearseniority list. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, and a A copy of same shall the seniority list will be mailed to provided for the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expiredPlant Chairperson. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject 12.06 An employee who is no longer able to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs perform the work in his classification, but is capable of performing other duties, or any employee who has incurred a temporary or permanent partial disability, may after discussion with the manner required by Union, be assigned to or retained at an operation which he is capable of performing at the City; d. Cooperates prevailing rate of pay of that position, consistent with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional roster. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.the

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 11.01 Seniority is defined as the period of continuous employment with the Employer by the employee since his or her last date of hire with the Agency. 11.02 Seniority for part-time employee(s) shall be established based on paid hours, as recognized in the Collective Agreement, accumulated since date of last hire. It is recognized that sixteen hundred (1600) paid hours equals one (1) year of full-time service. 11.03 An employee will be deemed to be on probation until he/she has completed four hundred and fifty-five (455) hours worked. 11.04 The Agency agrees to keep a Seniority List of seniority list for all employees and to post same in a conspicuous place. The Agency shall supply the regular members of the Fire & Rescue Department, and said Association with a seniority list annually. The seniority list shall be brought up-to-date by updated annually and posted and forwarded to the City on or before Association no later than the 31st day of January 15th of in each year. Said list Information pertaining to interim seniority changes will be made available to the Union Representative at the Executive Director’s office. 11.05 The Agency agrees that in filling positions governed by Article 11.07, the Agency will consider the qualifications, experience, skill and ability of the individual to perform the work required. In the case where two (2) or more employees exhibit relatively equal qualifications, experience, skill and ability to perform the work required as determined by the Employer, then seniority shall immediately be posted on bulletin board in each Fire Station the determining factor. 11.06 An employee shall lose all service and seniority and shall be deemed to have been terminated if he or she: (a) resigns or retires; (b) is discharged and the discharge is not reversed through the grievance procedure; (c) has been absent due to layoff for a continuous period of eighteen (18) months; (d) is absent from scheduled work for a period of not less than thirty days, three (3) consecutive working days without notifying the Agency of such absence and providing a copy of same shall be mailed reason satisfactory to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported Agency; (e) fails to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject return to fitness and ability. The determination work upon termination of an employee's fitness and ability authorized leave of absence without satisfactory reason or utilizes a leave of absence for purposes other than that for which the leave was granted; (f) fails to return to work within ten (10) calendar days following a layoff after being notified by registered mail to do so, unless through sickness or other reasonable cause he/she is unable to do so; it shall be the sole right and responsibility of the City, as measured against employee to keep the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 Agency informed of the Procedural Memoranda, Administrationtheir current address; b. Has experience (g) is absent due to work or non-work related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards illness or injury for a period of twenty-four (24) months unless prohibited by statute. 11.07 In the event new positions are created in the bargaining unit or the Agency wishes to fill vacancies in existing positions, the Agency will post such positions or vacancies for a period of five (5) working days and shall stipulate the qualifications and experience required and the assignments to be filled in order that any interested employee may apply. In the event no qualified employee applies, then the Agency may hire a new employee from an outside source. The name of the successful applicant will be posted by the Agency. 11.08 Any employee presently in the bargaining unit, who elects to transfer to a position outside of the bargaining unit, may be rehired into the bargaining unit if a position is available, after the Employer has complied with the job posting and recall provisions. In such event, the returning employee shall be given a seniority date as of his/her date of last entry into the bargaining unit, for purposes of job opportunity and layoff and other non-monetary benefits and provisions. He/she shall retain his/her last date of hire with the Employer for the calculation of salary and any monetary benefits. 11.09 Part-time employees shall be given the first opportunity to fill temporary full-time vacancies if he/she is able to perform the available work. The Employer will outline the conditions and duration of such vacancy. Such temporary vacancy shall not exceed the time required to complete the specific circumstances which gave rise to the temporary vacancy. An employee who is absent due to leave of absence or illness shall have the right to return to his/her former position. 11.10 Seniority shall be retained but not accumulated when an employee is absent from work under the following circumstances: (a) when on an approved leave of absence without pay, exceeding thirty (30) days immediately preceding the examination. Said notice shall contain sources continuous calendar days; (b) when absent on account of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rosteraccident or illness and not in receipt of sick leave credit. Section 3 When an 11.11 A part-time employee refuses a permanent promotion in who changes his/her line status to full-time will be given seniority credit on the basis of progressionsixteen hundred (1600) paid hours of part-time being equivalent to one (1) year of full-time service and vice versa. In addition, he/she forfeits an employee who is so transferred will be given credit for paid hours accumulated since the date of his/her rights to all future promotion, until after all last advancement on the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/herseniority list.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 10.01 Seniority shall be established a Seniority List defined as length of continuous service with the Company. 10.02 Every employee shall be considered probationary for the first four hundred eighty (480) hours of work, and shall attain no seniority during that period. At the conclusion of the regular members employee's probationary period, he shall be placed on the seniority list and his seniority date back to the day on which his employment began. 10.03 An employee shall lose his seniority standing under the following conditions: (a) If the employee quits the employ of the Fire & Rescue Department, Company; (b) If the employee is discharged and said list shall be brought up-to-date such discharge is not reversed through the grievance procedure; (c) If the employee fails to return to work after layoff within seven (7) days after being requested so to do by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, AdministrationCompany; b. Has experience related to do (d) If the job; c. Performs the employee is absent from work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on days without advising the established promotional rosterCompany and giving reasons satisfactory to the Company either before his absence or upon his return; (e) If the employee takes work elsewhere during leave of absence without the consent of the Company; (f) If the employee is off the payroll for any reason for twelve (12) calendar months of work. Section 3 When 10.04 Where, in judgment of the Company, which judgment shall not be exercised in an arbitrary or unfairly discriminatory manner, there is equality of skill, competence, and efficiency, the employee refuses a permanent having the least seniority shall, in the case of layoff, be the first laid off. The reverse procedure will be followed in cases of rehirings. 10.05 In promotion in his/her line of progressionto positions within the bargaining unit, he/she forfeits his/her rights preference shall be given to all future promotionthose employees having the longest service, until after all the employees who have bypassed him/her are considered. Upon written request subject to the City, he/she may be reinstated same considerations enumerated in Section 10.04. 10.06 Supervisors promoted from the bargaining unit shall continue to his/her proper place accumulate seniority in the line of progression behind those who have bypassed him/herbargaining unit while holding such supervisory positions.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. Section 1 There 12:01 Seniority shall be established a Seniority List defined as length of continuous uninterrupted service, within the bargaining unit. An interruption in service shall be defined as any leave not authorized by the provisions of the regular members Collective Agreement or legislatively provided for, subject to the provisions of Article 12:02. 12:02 Newly hired full-time employees shall serve a probationary period of five (5) months of continuous work. Probationary employees shall have no seniority rights during this period. Upon successful completion of the Fire & Rescue Departmentprobationary period, and said list the employee shall have their seniority dated back to the start date. 12:03 During the probationary period an employee shall be brought upconsidered as being employed on a trial basis and may be dismissed and/or disciplined at the sole discretion of the Employer , as long as such discipline or dismissal is administered in good faith , nondiscriminatory or non-to-date by arbitrary manner. 12:04 It shall be the City on or before January 15th responsibility of each yearemployee to notify the Employer promptly, in writing, of any change of address or telephone number. Said list Failure to do so, alleviates the Employer from any responsibility for failure of any notice to reach said employee. 12:05 An employee's seniority and employment shall immediately be posted deemed to have terminated if they: a) Resigns from their employment with the Employer; b) Retires; c) Is discharged for just cause; d) Fails to report for work or notify their immediate supervisor of their intention to return to work within four (4) working days of notice of delivery of a recall notice sent by registered mail from the Employer following a layoff; or fails to report for work on bulletin board the date and at the time specified in each Fire Station the notice; e) Fails to return to work on the date agreed upon after the completion of a leave of absence without notifying their immediate supervisor with reasonable explanation; f) Uses an approved leave of absence for a purpose other than that given as the reason for the leave; g) Is absent without permission for a period of not less than thirty daysthree (3) days without notifying their immediate supervisor and providing a written reasonable explanation; or h) Is on layoff for a period of twelve (12) consecutive months. 12:06 The Employer agrees to maintain a seniority list, to update this list every six (6) months, and to forward copies of the list to the Union and to post the list on its bulletin boards around the plant. Employees shall be listed in order of their seniority date. In the case of identical seniority dates, position on the seniority list shall be determined by means of a draw administered by the Union. 12:07 All job vacancies shall be posted for five (5) days (Saturday, Sunday and recognized holidays excluded) to allow employees to make an application. In determining applications for a vacancy, the Employer will consider skills, ability, and qualifications of the applicants. Where these factors are equal, the employee with the greatest seniority will be given preference. 12:08 When a job vacancy has been filled, the Employer will post the name of the representative within a six (6) day period (Saturday, Sunday and recognized holidays excluded). During the first sixty (60) calendar days worked by the successful applicant, the applicant may elect to return to their former job or the Employer may elect to return the applicant to their former job. Should there be a dispute as to the Employer's decision, such dispute shall be subject to the Grievance Procedure. 12:09 Employees whose jobs are to be eliminated shall be notified of their layoff in writing and a copy of same this notification shall be mailed forwarded to the Secretary of the Union. This list The affected employee shall stand approved as posted unless challenged be permitted to bump the junior employee in a classification for which the employee has the skills, ability, and reported qualifications. Any employee who wishes to exercise their bumping rights must inform the Fire Chief on or before the posting period has expiredEmployer, in writing within forty-eight (48) hours of receipt of their notice of layoff. Section 2 In matters affecting promotion, demotion, and transfer 12:10 There shall be no layoff of employees within with seniority until all probationary employees have been laid off, except where it is necessary for the DepartmentEmployer to retain a probationary employee to fill a position which employees with seniority do not have the skills, seniority shall govern subject ability and qualifications to fitness and ability. The determination of an employee's fitness and ability perform the job. 12:11 Employees shall be recalled from layoff in order of seniority, provided that the sole right senior employee being recalled has the skills, ability and responsibility of the City, as measured against the following consideration: a. Has the physical qualification qualifications to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do perform the job;. c. Performs 12:12 The Employer and the Union agree to discuss the work in the manner required assignments of any employee returning to work who requires accommodation. 12:13 An employee shall accumulate seniority during an absence due to illness or injury proven by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards written medical evidence, for a period of thirty not exceeding one (301) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rosteryear. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 13.01 Seniority shall be established defined as an employee’s uninterrupted length of continuous employment with the Employer in a Seniority List job classification within the bargaining unit. A probationary employee shall have no seniority until he satisfactorily completes the probationary period, which will be added to his total length of continuous employment. Employees who have been employed by the Employer in a position not in this bargaining unit prior to the effective date of this Agreement shall have such employment counted for seniority purposes. 13.02 An employee’s seniority shall be terminated when one (1) or more of the regular members of the Fire & Rescue Department, and said list shall be brought upfollowing occur: a. He resigns; b. He is discharged for just cause; c. He is laid-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station off for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the Citytime exceeding twenty-four (24) months; d. Cooperates with supervisors and observes rules and regulationsHe retires; e. Protects He fails to report for work for more than three (3) working days without having given the property and interests Employer advance notice of his pending absence, unless he is physically unable to do so as certified by the Cityappropriate authority; f. Reports for He becomes unable to perform his job duties due to illness or injury and is unable to return to work promptly and regularlyupon the expiration of any leave applicable to him; g. Maintains harmonious relations with co-workers;He refuses recall or fails to report to work within ten (10) working days from the date the Employer sends the employee a recall notice by regular and certified mail, unless he is physically unable to do so as certified by the appropriate authority. h. Has a positive attitude towards advancement and 13.03 If two (2) or more employees are hired or appointed on the assumption of additional responsibility. Notice of examination same date, their relative seniority shall be posted on all Department bulletin boards for a period of determined by their application date (when the application was stamped and received). 13.04 Within thirty (30) days immediately preceding of the examination. Said notice shall contain sources execution of questions asked on the written portion. When a permanent promotion is to be madethis Agreement, the selection Employer will publish a seniority roster. Employees shall have ten (10) days to appeal their seniority to the Transit Director. Absent any appeal within this period, the employees’ seniority shall be from deemed final. A new seniority list shall be posted and given to the top three (3) candidates on the established promotional rosterUnion in January of each year. Section 3 When 13.05 Seniority will not be interrupted by authorized leaves of absence. Seniority, however, will not accumulate while an employee refuses is on an unpaid leave of absence except in cases of Family Medical Leave (FML) and workers’ compensation. 13.06 Any employee who has been or may be promoted or transferred from a permanent job within the bargaining unit to a position outside the bargaining unit shall retain their seniority held at the time of such promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all or transfer. If the employees who have bypassed him/her are considered. Upon written request employee returns to the Citybargaining unit, he/she may the employee shall be reinstated entitled to his/her proper place in exercise the line of progression behind those who have bypassed him/herseniority accumulated from prior service within the bargaining unit.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. Section 1 There 20.01 Seniority shall be established defined as the length of continuous service with the 20.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence and layoffs. 20.03 An employee shall cease to have seniority rights and their employment status with the Co-operative shall be terminated for all purposes and for just cause if the employee: (a) is duly discharged by the Co-operative and is not reinstated through the Grievance and Arbitration procedure contained in the Agreement; (b) voluntarily quits or resigns; (c) has been laid off continuously for the lesser of fifty-two (52) weeks or a period of time equal to the employee's length of continuous service with the Co-operative since their most recent date of hire, or is called back to work after a layoff and does not return to work within fourteen (14) calendar days of receiving a registered letter sent to their last known address; (d) is absent from work without an approved leave of absence for more than three (3) consecutive working days unless a satisfactory reason is given by the employee; (e) fails to return to work on the completion of an authorized leave of absence, vacation or suspension unless a satisfactory reason is given by the employee. 20.04 Seniority List shall be the governing factor in all matters of promotion, demotion, awarding of a new position or vacancy, layoff, recall after layoff, and reduction to part-time providing, in the judgment of the regular members Co-operative, which shall not be exercised in an arbitrary or discriminatory manner, the affected employee has the fitness and ability to perform the required normal functions of the Fire & Rescue Departmentjob as may be determined by the Co- operative. Seniority in an employee’s area would govern when relieving another employee in a higher paying classification. 20.05 The Co-operative shall provide the Union, in January and said list shall be brought July or whenever a written request to do so is received from the Union, with an up-to-date by seniority list in Excel format of all full-time and all part-time employees covered under the City on or before January 15th terms of each year. Said list the Collective Agreement. 20.06 Employees within the bargaining unit who accept a position with the Co-operative which places them outside of the bargaining unit shall immediately be posted on bulletin board in each Fire Station continue to accumulate seniority for the purpose of this Agreement for a period of not less than thirty days, and a copy of same six (6) calendar months. Said employees shall be mailed entitled to return to the Secretary bargaining unit and their former job at any time during the six (6) month period if they so choose. Employees who remain outside of the Union. This list bargaining unit beyond the six (6) month time limit shall stand approved as posted unless challenged and reported keep the seniority they had immediately prior to leaving the bargaining unit in the event they eventually return to the Fire Chief on or before bargaining unit but shall not, in such cases, accumulate any seniority for the posting time period has expiredthat they were outside of the bargaining unit beyond the six (6) month limitation. Section 2 In matters affecting promotion, demotion, and transfer 20.07 For the purposes of allocating part-time hours of work there shall be two (2) areas for part-time employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability which shall be the sole right Pilot Mound and responsibility the Xxxxxxx area. Each part-time employee shall be assigned to the area closest to where they reside from time to time. Part-time employees shall be entitled to exercise their seniority to receive hours of the Citywork in their area, as measured against the following consideration: a. Has the physical qualification but shall not be entitled to do the work, as prescribed in Section 21 exercise their seniority to receive hours of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required other area. To the extent reasonably possible, all available part-time hours of work within each area shall be offered to the most senior part-time employee first and thereafter in decreasing order of seniority, providing the employee is available and willing to work the hours. 20.08 No full-time employee shall be laid off and/or reduced to part-time status by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with coCo-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on operative unless all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rosterpresent part-time employees have been laid off first. Section 3 When an employee refuses a permanent promotion 20.09 Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees and spare employees. Part-time employees shall have seniority only over other part-time employees and spare employees. 20.10 The Co-operative shall give two (2) weeks' notice in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.writing or two

Appears in 2 contracts

Samples: Collective Agreement, Collective Bargaining Agreement

SENIORITY. Section 1 There 10.01 Plant-wide seniority will be recognized and will be based on the length of continuous service with the Company subject to the provisions hereinafter set forth. 10.02 In determining length of service for the purpose of seniority. Company-approved absence from the Company service for less than a year shall be established a Seniority List disregarded; absence in excess of one (1) year shall be deducted from the length of continuous service with the Company. Absence for more than two (2) years shall forfeit all seniority previously established. 10.03 The only exception to this method of determining length of service shall be leave of absence in writing granted by an Official of the regular members Company or illness attested by a physician’s certificate giving an updated prognosis every six (6) months or sooner (if required) after two (2) years of absence or the Fire & Rescue Department, and said list employee will be removed from the seniority list. 10.04 Seniority as defined in paragraph two (2) above shall be brought up-to-date by broken for the City on following reasons: (a) If the employee quits or before January 15th of each year. Said list resigns (b) If the employee is discharged and the discharge is not reversed through the grievance machinery procedure. (c) If any employee is absent more than three (3) consecutive normal working days without notice, it shall immediately be posted on bulletin board in each Fire Station considered the employee has quit unless the employee can provide an excuse acceptable to the Company. (d) If an employee is laid off, he/she shall retain his/her full right to recall for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional roster. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated time equivalent to his/her proper place attained seniority up to a maximum of two (2) years from the date of lay-off, at which time he/she will cease to have any seniority rights or any rights under this Collective Agreement. 10.05 The Company agrees to revise and post the Seniority and Service lists each month on the bulletin board. If a clerical error occurs, and is not brought to the Company’s attention, the Company shall not be held liable for action taken in the line use of progression behind those who have bypassed him/herthe list, until such time as the error has been brought to their attention by the Union or the employee affected. (a) In the event of a lay-off or the recall from lay-off, seniority shall be applied providing the employees affected are qualified to perform the work required. An employee is qualified to perform the work required if that employee has successfully completed the training program provided by the Employer and required for the particular job within a job level. It is recognized that the Company may direct employees to any available job. In the event of a permanent lay-off, laid off employees will be permitted to qualify for work according to their seniority. (b) Employees moving to a lower Job Level will be paid at the Job rate in the lower Job Level to which they may apply their total seniority with the Company. (c) Employees moving to a higher-rated Job Level will be paid at the wage rate in that Job Level and shall be based on the employees’ total number of days worked at all job levels.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 10.01 Seniority will be calculated based on the actual hours of work. There shall will be established a Seniority List of the regular members of the Fire & Rescue Department, separate seniority lists for full-time and said list shall be brought uppart-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and abilitytime employees. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on seniority lists across all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates sites shall be integrated for the purposes of job posting, lay- off and recall only. Seniority lists will be posted as at the end of the last pay period in June and December of each year and copies will be forwarded to the Union. 10.02 Every employee shall be subject to a probationary period of four (4) full calendar months of continuous employment commencing on the established promotional rosterdate of her employment during such period. With written consent of the Employer and the Union the probationary period may be extended for one (1) additional month. Section 3 10.03 Seniority shall be retained and accumulated under the following circumstances: (a) Actively at work; (b) When on unpaid sick leave; (c) When on a leave of absence with pay; (d) When on an approved leave of absence without pay, not exceeding thirty-five (35) weeks; (e) When in receipt of paid sick leave, LTD or E.I. sick benefits; (f) When in receipt of Workplace Safety and Insurance Board benefits for an injury sustained while in the employ of the Employer; (g) When on pregnancy and/or parental leave. 10.04 An employee refuses shall lose all seniority and be deemed terminated if: (a) She voluntarily quits the employ of the Employer; (b) She is discharged and such discharge is not set aside under the Grievance Procedure herein; (c) She is absent from work without permission for three (3) full working days, unless such absence was caused by physical disability or other circumstances beyond the control of such employee as a permanent promotion in his/result of which she was unable to advise the Employer of the reason for her line absence; (d) She fails to report for work upon the expiration of progressiona leave of absence, he/she forfeits his/vacation or suspension without reasonable cause; (e) She utilizes a leave of absence for a purpose(s) other than that for which it was granted; (f) She fails, upon being notified of a recall, to signify her rights intention of returning to all future promotion, until after all work within three (3) calendar days of the employees who have bypassed him/her are considered. Upon written request notice of recall posted by registered mail to the City, he/last known address on file with the Employer and fails to report to work within five (5) calendar days after she has received the notice of recall or such further period of time as may be reinstated agreed upon the parties; (g) She retires; (h) After twenty-four (24) months of layoff, she has not been recalled; 10.05 Seniority shall be retained but not accumulated when an Employee is absent from work under the following conditions: (a) When on an approved leave of absence without pay exceeding thirty-five (35) weeks; (b) For a period of lay-off up to his/her proper place two (2) years after the layoff commenced; (c) When in the line receipt of progression behind Workplace Safety and Insurance Board benefits under circumstances other than those who have bypassed him/hermentioned in Article 10.03(f).

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There shall be established a Seniority List A. An updated seniority list of the regular members of the Fire & Rescue Department, and said list shall be brought up-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination carrier personnel shall be posted on each six (6) months in each carrier unit and eight (8) copies will be furnished to Branch 2462. B. Pursuant to Article 41 of the National Agreement, all Department bulletin boards full-time reserve carriers, unassigned full-time carriers whose duty assignment has been eliminated in the particular delivery unit and full-time flexible carriers have the right to opt for a period available craft duty assignments of thirty anticipated duration of five (305) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rosteror more in their assigned delivery unit. Section 3 When 1. Opting will be done in order of seniority. 2. Opting will take place prior to the posting of the work schedule on Wednesday, prior to the work week. 3. Once a carrier has opted for an employee refuses a permanent promotion in his/her line of progressionassignment, pursuant to the above, he/she forfeits his/her rights to shall work the assignment for its duration. Anticipated duration of the assignment will be posted. 4. All reserve, unassigned and full-time flexible carriers opting for a duty assignment may sign an opting sheet, which will list all future promotionavailable assignments that will be vacant for a duration of five (5) days or more. 5. If a reserve, until after all the employees who have bypassed him/her are considered. Upon written request unassigned, or full-time flexible carrier does not opt, part-time flexibles can opt, pursuant to the Cityabove, he/she by exercising their seniority. 6. If a part-time flexible fails to opt for the assignment, management may be reinstated assign the duties to his/her proper place in the line of progression behind those who have bypassed him/her. 7. The part-time flexible may be bumped from an opt assignment on a day-to-day basis if there is insufficient work to keep the reserve, unassigned, and full-time regulars busy eight (8) hours; otherwise, the part-time flexible shall work the assignment for its duration. C. When a letter carrier route or full-time duty assignment, other than the letter carrier route(s) or full-time duty assignment(s) of the junior employee(s), is abolished at a delivery unit as a result of, but not limited to, route adjustments, highway, housing projects, all routes and full-time duty assignments at that unit held by letter carriers who are junior to the carrier(s) whose route(s) or full-time assignment(s) was abolished shall be posted for bid in accordance with the posting procedures in this Article.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

SENIORITY. Section 1 There (a) All new employees shall serve a probationary period of sixty (60) worked days. Should an employee be laid off or unavailable during this period, his probationary period shall cease to run. A probationary employee may be dismissed at any time during this period, at the Employer’s discretion. (b) A probationary employee shall not exercise seniority rights during the “probationary period”. Upon successful completion of the probationary period, the employee’s seniority shall date from the day of hire. (c) Within the probationary employee group where vacancies occur, the Company shall call in probationary employees according to their day of hire and the principle of last man off, first man on shall prevail. The principle of “last on first off’ shall apply in the event of a reduction of the work force. 11.02 Seniority lists shall be established a Seniority List posted by the Employer on the bulletin board, monthly, showing the seniority of each employee up to his last working day of the regular members completed month. The Chief Shop Xxxxxxx and the Union office shall also be supplied with a seniority list. 11.03 In the event of lay-offs due to the reduction of the Fire & Rescue Departmentworking forces, the Employer shall lay- off the employee with the least seniority, subject to qualifications, skill and said list ability. That is, the employee with the least seniority shall be brought upthe first (1st) to be laid off and the last to be rehired. Lay-tooffs shall not be used for discipline or discharge purposes. 11.04 When vacancies occur, the Employer shall rehire laid off employees according to their seniority with the Employer, beginning with the most senior employee and proceeding in turn thereafter subject to qualifications, skill and ability. 11.05 An employee who has been laid-date off and fails to return to work within forty-eight (48) hours after receiving written notice at the address provided to the Employer, shall lose his seniority and shall be terminated. Written notice shall be by “registered mail”. It shall be the City on or before January 15th responsibility of each yearthe employee who is laid-off to leave a current address and telephone number with the Employer as to where he may be contacted. Said list The Employer shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, and also provide a copy of same such notice to the Union when the forty-eight (48) hour notification is issued. 11.06 An employee whose lay-off exceeds one (1) calendar year shall lose his seniority and be terminated. An employee, who has been terminated in this manner, shall have all monies owing paid to him and he shall be mailed to the Secretary supplied with a Record of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expiredEmployment (if not done previously). Section 2 In matters affecting promotion, demotion11.07 Seniority shall continue when an employee is off work due to illness or non-occupational injury for a total period that the employee is covered through group coverage of weekly indemnity, and transfer of employees within the Departmentemployment insurance sick leave benefits, seniority and any other wage replacement plan that may be in effect. 11.08 Seniority shall govern subject continue when an employee is off work due to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do injury received on the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional roster. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.Where Article

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 9.01 Seniority for all employees shall be established a defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority List shall continue to accumulate during all paid and unpaid authorized leaves of absence except Union Leave as per sub-article 18.02. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves the service of the regular members Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Fire & Rescue DepartmentCo-operative recalls an employee who has been laid off, and said list it shall be brought up-to-date notify such employee by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty daysregistered letter, and a copy of same shall be mailed addressed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administrationlast known address; b. Has experience related to do the job; c. Performs the (e) an employee is absent from work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests without an approved leave of the City; f. Reports absence for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top more than three (3) candidates consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside the scope of this Agreement shall be on a trial period for three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, said employee will be returned to the bargaining unit within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part- time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the established promotional rosterpart-time seniority list. Section 3 When 9.08 The Co-operative agrees to give four (4) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Seniority for full-time employees shall apply among full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees will have seniority only within the part-time seniority list. 9.10 Scheduling of weekly available hours of work within their department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. If an employee refuses requests time off from their scheduled hours of work, and if the request is granted by the Co-operative, it is agreed that these hours need not be rescheduled to that employee. 9.11 When a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all part-time employee works the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.basic work week for thirteen

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There shall be established a Seniority List 7.01 It is the intent of the regular Parties to maintain a ratio wherein not more than twenty percent (20%) of the total man hours scheduled or worked in an individual store by members of the Fire & Rescue Department, and said list bargaining unit shall consist of beginner Apprentice Clerks; this does not apply to Courtesy Clerks. This ratio shall be brought up-to-date by maintained among members of the City on or before January 15th bargaining unit within each Company, in con­ formance with the above paragraph. Nothing in this Article shall require wage escalation of each yearemployees more rapidly than actual experience. Said list The above ratio shall immediately not be posted on bulletin board considered in each Fire Station new stores for a period the first sixty (60) days of not less than thirty days, and a copy of same operation. 7.02 Seniority shall be mailed to defined as length of con­ tinuous employment with the Secretary Employer. Seni­ ority shall be applied on an individual store basis by classification. Seniority, as defined above, shall apply in the reduction of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer number of employees within in the Departmentsame classification in a store performing comparable work, seniority shall govern subject to fitness providing qualifications, ability and abilityavailability are equal. The determination of an employee's fitness and ability Employees shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification recalled to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required reverse order of layoff, subject to the same con­ ditions outlined elsewhere in this Paragraph. 7.03 Up to sixty (60) days temporary absence from work shall not break seniority. Otherwise, em­ ployees shall lose all previous seniority, and their employment relationship shall be terminated for the a. Voluntary quit. b. Justifiable discharge. c. Failure to return to work after a temporary absence. d. Failure to return to work in accordance with the terms and provisions of an authorized leave of absence. e. Failure to return to work when recalled from layoff. 7.04 It is the desire of the Employers and the Union to provide full-time employment in the Retail Food Industry for as many employees as is practical within the range of sound employment practices, which these Parties wish to maintain under this Agreement. It is not the intent of the Employer, by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects adoption of this Article, to reduce the property and interests hours of the City; f. Reports senior employees ahead of junior employees. Part-time employees who are available for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and in the assumption of additional responsibility. Notice of examination store shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding assigned any additional available work, providing the examination. Said notice shall contain sources of questions asked on employee is available and quali­ fied to perform the written portion. When a permanent promotion is to be made, the selection work available. 7.05 Employees displaced by store closure or sale shall be from considered for work at another store in the top three area of the same Employer, in accordance with their Company seniority prior to hiring new em­ ployees. Employees transferred to such store within six (36) candidates on months prior to closure or sale shall be al­ lowed to return to their former store location in ac­ cordance with their Company seniority as vacancies occur. The foregoing shall be limited to six (6) months after store closure or sale. If the established promotional rosteroperation of the foregoing creates hardship for either party, then the Parties agree to meet, to discuss and at­ tempt to resolve such situation. Section 3 When an employee refuses a permanent promotion 7.06 Nothing in his/her line of progression, he/she forfeits his/her rights this Article shall be construed to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/herrequire pay for time not worked.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 1. Within the various areas of certification/licensure listed on the seniority list in Section 1 There C, those bargaining unit members who hold a continuing contract shall be established considered to be more senior than those who hold a limited contract. Seniority List will then be computed from the teacher’s most recent date of hire into the bargaining unit by the Board. Seniority shall not be interrupted by an authorized leave of absence. For reduction in force purposes, comparable evaluations shall be determined as follows: a. The effectiveness ratings for evaluation in Article 7 of this Agreement shall normally be assigned numbers as follows: Ineffective = 1, Developing = 2, Skilled = 3 and Accomplished = 4. b. Bargaining unit members rated as Ineffective for two out of their last three evaluations shall be assigned the number 1. c. Bargaining unit members rated as Developing for two out of their last three evaluations shall be assigned the number 2, unless the most recent evaluation is rated Ineffective in which case the member will be assigned the number 1.5. d. Bargaining unit members rated as Skilled for two out of their last three evaluations shall be assigned the number 3, unless the most recent evaluation is rated Ineffective in which case the member will be assigned the number 2.5 e. Bargaining unit members rated as Accomplished for two out of their last three evaluations shall be assigned the number 4. f. Bargaining unit members who receive a different effectiveness rating in each of their last three evaluations shall be assigned a number which is numerically between the least and greatest numbers associated with their last three evaluations. For example, an employee who receives effectiveness ratings of Skilled (= 3), Ineffective (= 1) and Developing (= 2) respectively in their last three evaluations shall be assigned the number 2. g. Bargaining unit members, who have received one but not yet received three evaluations, shall be assigned the number associated with their most recent effectiveness rating. h. Bargaining unit members who are assigned the same number as a result of their evaluation(s), as stated in paragraphs a through g above, shall be considered to have comparable evaluations. i. Bargaining unit members shall then be listed by last name first on a comparable seniority list as follows: 1) The names shall be separated into two categories by contract status (Continuing vs. Limited). 2) Next, within each contract status category, the names shall be listed in columns by areas of certification/licensure. 3) Next, within each certification/licensure column, the names shall be listed in ascending order by date of hire, beginning with the most recent hired listed at the bottom of the regular members of the Fire & Rescue Department, and said list shall be brought up-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expiredcolumn. Section 2 In matters affecting promotion4) And finally, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability listed by each name shall be the sole right and responsibility bargaining unit member’s assigned evaluation number (1, 2, 3, or 4). 2. Bargaining unit members who leave the employ of the CityBoard and are re-hired shall begin their seniority when they are re-hired, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination any previously accrued seniority shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rosternot count. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

SENIORITY. Section 1 There 21.01 Seniority shall be established a defined as the length of continuous service with the Employer within the bargaining unit. 21.02 Seniority List shall continue to accumulate during all paid and unpaid authorized leaves of the regular members of the Fire & Rescue Departmentabsence, during all layoffs, and said list during all periods of sickness and/or injury. 21.03 An employee shall cease to have seniority rights and their employment status with the Employer shall be brought up-to-date terminated for all purposes if the employee: (a) is duly discharged by the City on Employer and is not reinstated through the Grievance and Arbitration procedure contained in the Agreement; (b) voluntarily quits or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station resigns; (c) has been laid off continuously for a period of fifty-two (52) weeks or is called back to work after a layoff and does not less return to work within fourteen (14) calendar days of receiving a letter sent to their last known address; (d) is absent from work without an approved leave of absence for more than thirty days, and three (3) consecutive working days unless a copy of same satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Employer shall be mailed considered a satisfactory reason; (e) fails to return to work on the Secretary completion of an authorized leave of absence unless a satisfactory reason is given by the Unionemployee. This list Sickness and/or inability to communicate with the Employer shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expiredbe considered a satisfactory reason. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability 21.04 Seniority shall be the sole right governing factor in all matters of promotion, awarding of a new full-time position or vacancy, relieving another employee in a higher paying classification and responsibility recall after layoff, providing the more senior employee has the ability and qualifications to be able to perform the normal functions of the Cityjob. Reverse order of seniority shall apply and be the governing factor in all matters of demotion, as measured against layoff and reduction to part-time, providing the following consideration: a. Has more senior employee has the physical qualification ability and qualifications to do be able to perform the work, as prescribed in Section 21 normal functions of the Procedural Memoranda, Administration;job. b. Has experience related to do 21.05 Employees from within the job; c. Performs bargaining unit who accept a position with the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests Employer which places them outside of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination bargaining unit shall be posted on all Department bulletin boards continue to accumulate seniority for a period of thirty ninety (3090) days immediately preceding the examinationcalendar days. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection employees shall be from the top three (3) candidates on the established promotional roster. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights entitled to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request return to the City, he/she may be reinstated to his/her proper place in bargaining unit and their former job at any time during the line of progression behind those who have bypassed him/her.ninety

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 9.01 Seniority for all employees shall be established a defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority List shall continue to accumulate during all paid and unpaid authorized leaves of absence except Union Leave as per sub-article 18.02. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or Arbitration procedure contained in this Collective Agreement; (b) an employee voluntarily leaves the service of the regular members Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without a leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part- time, where reverse order of seniority shall apply. 9.05 Seniority shall be the governing factor in the choice of vacation. 9.06 Any employee promoted to a position outside of the Fire & Rescue Department, and said list bargaining unit shall be brought up-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station a trial period for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates calendar months. If the employee is not successful in their new position, the Co-operative may return them to their former position, or if the employee decides to return to their former position within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. 9.07 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part- time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one (1) full-time employee within the same department is being employed on a part-time basis at the same time. 9.08 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the established promotional rosterpart-time seniority list. Section 3 When 9.09 The Co-operative agrees to give four (4) weeks' notice prior to changing an employee refuses employee's status from full-time to a permanent promotion part-time basis. 9.10 Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees will have seniority only over other part-time employees. 9.11 Preference in his/her line weekly available hours of progression, he/she forfeits his/her rights to all future promotion, until after all the work within a department for part-time employees who have bypassed him/her are considered. Upon written request shall be given to the Citymost senior part-time employee first, he/she may be reinstated and thereafter in decreasing order of seniority, providing the affected employee has the ability to his/her proper place in do the line normal requirements of progression behind those who have bypassed him/herthe job and providing the employee is available and willing to work the additional hours. 9.12 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 7.1 Upon completion of 90 consecutive working days; or 90 cumulative working days within a twelve (12) month period the employee's surname will be placed upon the seniority list in order of first date of hire during the period in which seniority was attained. Where two or more employees attaining seniority were hired on the same day, their seniority shall be established governed alphabetically according to the original surname under which they were hired. 7.2 For the purpose of this Article, "regular employee" shall refer solely to those employees in the Bargaining Unit whose employment: (a) is considered or expected to be on a Seniority List 52 weeks-a-year basis; or (b) is such that an employee completes 39 weeks, which must amount to 195 full days' service with the Company in a 12 month period. 7.3 The seniority of any employee shall be considered broken, all rights forfeited, and there shall be no obligation to rehire, when he/she: (a) Voluntarily terminates his/her employment with the Company. (An employee who is absent for five (5) consecutive working days without legitimate reason, or without first receiving permission from the Company, may be considered to have left the Company's service of his/her own accord). (b) Is discharged, and the discharge is not reversed through the Grievance Procedure. (c) Fails to return to work when recalled or cannot be located after reasonable effort on the part of the regular members Company. The present method of the Fire & Rescue Departmentcontact by telephone, and said list shall be brought up-to-date or, if unable to contact by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty daystelephone, and notice (a copy of same which shall be given to the Plant Chairperson), mailed to the Secretary last known address of the Union. This list employee, shall stand approved as posted unless challenged and reported to constitute a reasonable effort on the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility part of the City, as measured against the following consideration: a. Has the physical qualification Company. If within five (5) working days of notice having been mailed to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related him/her by certified post to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional roster. Section 3 When an employee refuses a permanent promotion in his/her line last known address shown on the Personnel Office records, the employee fails to report for duty or to make arrangements with the Company to report within seven (7) working days, the Company shall be entitled to assume that the said employee has voluntarily forfeited his/her right to return to the Company's employ. In urgent cases, however, where it is necessary to secure workers, the Company, if unable to contact the seniority eligible employee by telephone, after reasonable effort, may recall the next seniority employee and so on down the list until the vacancy is filled. Employees recalled under such circumstances shall retain the positions to which they are appointed until the senior eligible employee is available. Provided the employee with whom the Company was unable to communicate in time and to whom a notice has been mailed to his/her last known address (a copy shall be given to the Plant Chairperson), advises the Company within five (5) working days of progressionthe mailing of such notice of his desire to return to the Company's employ, he/she forfeits shall retain his/her rights seniority. The Company agrees to all future promotionallow a Stationary Engineer who is on lay-off and who is working as a Stationary Engineer with another employer, until after all a maximum of ten (10) days to return to work from the employees who have bypassed him/her are considered. Upon written request date such notification to the City, he/she may be reinstated return to work is given. (d) Has not been called back for work within twenty-four (24) months of his/her proper place in the line last lay-off. Thirty-six (36) months for those employees with service of progression behind those who have bypassed him/her.more than five

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 20.01 Seniority shall be established defined as the length of continuous service with the Employer within the bargaining unit since the employee's most recent date of hire. 20.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence and layoffs. 20.03 An employee shall cease to have seniority rights and his or her employment status with the Employer shall be terminated for all purposes and for just cause if the employee: (a) is duly discharged by the Employer and is not reinstated through the Grievance and Arbitration procedure contained in the Agreement; (b) voluntarily quits or resigns; (c) has been laid off continuously for the lesser of fifty-two (52) weeks or a period of time equal to the employee's length of continuous service with the Employer since his or her most recent date of hire, or is called back to work after a layoff and does not return to work within fourteen (14) calendar days of receiving a registered letter sent to his or her last known address; (d) is absent from work without an approved leave of absence for more than three (3) consecutive working days unless a satisfactory reason is given by the employee; (e) fails to return to work on the completion of an authorized leave of absence, vacation or suspension unless a satisfactory reason is given by the employee. 20.04 Seniority List shall be the governing factor in all matters of promotion, demotion, awarding of a new position or vacancy, layoff, recall after layoff, and reduction to part-time providing, in the judgment of the regular members Employer, which shall not be exercised in an arbitrary or discriminatory manner, the affected employee has the fitness and ability to perform the required normal functions of the Fire & Rescue Departmentjob as may be determined by the Employer. Seniority in an employee’s area would govern when relieving another employee in a higher paying classification. 20.05 The Employer shall provide the Union, and said list shall be brought on a quarterly basis, with an up-to-date by seniority list in Excel format of all full-time and all part-time employees covered under the City on or before January 15th terms of each year. Said list the Collective Agreement. 20.06 Employees within the bargaining unit who accept a position with the Employer which places them outside of the bargaining unit shall immediately be posted on bulletin board in each Fire Station continue to accumulate seniority for the purpose of this Agreement for a period of not less than thirty days, and a copy of same six (6) calendar months. Said employees shall be mailed entitled to return to the Secretary bargaining unit and their former job at any time during the six (6) month period if they so choose. Employees who remain outside of the Union. This list bargaining unit beyond the six (6) month time limit shall stand approved as posted unless challenged and reported keep the seniority they had immediately prior to leaving the bargaining unit in the event they eventually return to the Fire Chief on or before bargaining unit but shall not, in such cases, accumulate any seniority for the posting time period has expiredthat they were outside of the bargaining unit beyond the six (6) month limitation. Section 2 In matters affecting promotion, demotion, and transfer 20.07 For the purposes of allocating part-time hours of work there shall be two (2) areas for part-time employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability which shall be the sole right Pilot Mound and responsibility the Xxxxxxx area. Each part-time employee shall be assigned to the area closest to where he or she resides from time to time. Part-time employees shall be entitled to exercise their seniority to receive hours of the Citywork in their area, as measured against the following consideration: a. Has the physical qualification but shall not be entitled to do the work, as prescribed in Section 21 exercise their seniority to receive hours of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required other area. To the extent reasonably possible, all available part-time hours of work within each area shall be offered to the most senior part-time employee first and thereafter in decreasing order of seniority, providing the employee is available and willing to work the hours. 20.08 No full-time employee shall be laid off and/or reduced to part-time status by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with coEmployer unless all present part-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rostertime employees have been laid off first. Section 3 When an 20.09 Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees and spare employees. Part-time employees shall have seniority only over other part-time employees and spare employees. 20.10 The Employer shall give two (2) weeks' notice in writing or two (2) weeks' pay in lieu thereof to any employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights whose status is changed by the Employer from full-time to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/herpart-time.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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SENIORITY. Section 1 There 28.01 For the purpose of this Article, an employee shall mean a person employed by the Workplace Health, Safety and Compensation Commission of the Province of Newfoundland and Labrador. (a) Subject to Clause 28.03, seniority is defined as length of continuous service (excluding overtime) with the Employer in a bargaining position. (b) An employee temporarily assigned outside the bargaining unit will continue to accrue seniority. (c) An employee applying for and receiving a temporary position outside the bargaining unit will not accrue seniority for the term of the temporary position but will retain their accumulated seniority upon return to her permanent position in the bargaining unit. 28.03 The following conditions shall result in loss of seniority for an employee: (a) she resigns or retires and is not re-employed within thirty (30) calendar days; (b) she is dismissed and is not reinstated; (c) she has been laid off in excess of twenty-four (24) consecutive months; (d) when recalled from lay off, she fails to report within fourteen (14) calendar days of notice to do so unless sufficient reason given by the employee; (e) she is absent from work for five (5) consecutive days without notifying her permanent head giving a satisfactory reason for such absence. 28.04 An employee may not accrue seniority when on suspension. (a) In making promotions, qualifications and abilities shall be established a Seniority List of the regular members of the Fire & Rescue Departmentgoverning factors. Where these factors are relatively equal between applicants, and said list seniority shall prevail. (b) The successful applicant shall be brought up-to-date by the City placed on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station trial period for a period of not less than thirty daystwo (2) months. Conditional on satisfactory service, and a copy the Employer shall confirm the employee's appointment after the period of same two (2) months. In the event that the successful applicant proves unsatisfactory in the position during the trial period, or if the employee is unable to perform the duties of the new job classification, or the employee no longer wishes to remain in the position she shall be mailed returned to the Secretary her former position, wage or salary rate without loss of seniority. Any other employee promoted or transferred because of the Unionre-arrangement of positions shall also be returned to her former position, wage or salary rate without loss of seniority. This list shall stand approved as posted unless challenged The parties may mutually agree, in writing, to extend the trial period. Where the Employer and reported the Union agree, the employee may revert to her former position prior to completion of the Fire Chief on or before the posting period has expiredtrial period. Section 2 In matters affecting promotion, demotion, and transfer of employees within 28.06 Where an employee is required by the DepartmentEmployer to relocate from one geographic location to another which does not constitute a change in an employee's classification, seniority shall govern subject prevail. 28.07 With respect to fitness lay offs and ability. The determination of an employee's fitness and ability recalls, Shop Stewards shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work have super-seniority in the manner required by classification affected, for the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests term of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rostertheir office as Shop Xxxxxxx in their respective Local. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 21.01 An employee will be considered on probation and will not be placed on a seniority list until after he/she has completed a total of fifty (50) working days worked. 21.02 Seniority lists based upon the date on which employees commenced to work in the Hotel shall be established a Seniority List for each department and food and beverage outlet and will be supplied to the Union. 21.03 An employee shall lose all seniority and her/his employment shall be deemed to have been terminated if he/she: a) voluntarily leaves the employ of the regular members Company; b) is discharged and is not reinstated through the grievance and/or arbitration provisions of the Fire & Rescue Department, and said list shall be brought up-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station Agreement; c) is laid off for a period of 26 weeks or more, after which they may be struck from, or be retained on, the employer’s seniority list with the consent of the parties to this agreement which shall not less than thirty daysbe unreasonably withheld; d) fails to return to work upon termination of an authorized leave of absence, and a copy of same shall be mailed unless prior arrangements acceptable to the Secretary Company have been made for an extension thereof, or utilizes a leave of absence for a purpose other than that for which the leave of absence has been granted, provided that such proof can be produced by the Company; e) fails to return to work, within five (5) calendar days after recalled from layoff by notice sent by registered mail, or fails to advise of her/his intention to return within five (5) calendar days following such notice, or give a legitimate reason for being unable to do so. Such notices are sufficient if sent to the last address of the Union. This list shall stand approved as posted unless challenged and reported employee made known to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed Human Resources Department in Section 21 of the Procedural Memoranda, Administrationwriting; b. Has experience related to do f) is absent without notifying the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports Company for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on consecutive working days unless the established promotional roster.employee is subsequently able to provide a satisfactory explanation; Section 3 21.04 When an employee refuses is transferred to another department or food and beverage outlet in the Bargaining unit, he or she shall retain house seniority, however, unless the transfer is of a permanent promotion temporary nature for the probationary period, or less, he or she must start accumulating seniority in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all that new department or food and beverage outlet. When the employees who have bypassed him/her transfers are considered. Upon written request for less than the probationary period and the employee is returned to the Cityoriginal department or food and beverage outlet within that period of time, he/she may be reinstated the seniority for that employee will continue to his/her proper place accumulate in the line of progression behind those who have bypassed him/heroriginal department or food and beverage outlet during the Employee’s absence.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 9.01 Seniority for all employees shall be established a defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority List shall continue to accumulate during all paid and unpaid authorized leaves of absence except Union leave as per Article 18.02. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or Arbitration procedure contained in this Collective Agreement; (b) an employee voluntarily leaves the service of the regular members Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without a leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the Fire & Rescue Department, and said list bargaining unit shall be brought up-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station a trial period for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the established promotional rosterpart-time seniority list. Section 3 When 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee refuses employee's status from full-time to a permanent promotion in his/her line of progression, he/she forfeits his/her rights to part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all future promotion, until after all the full-time employees shall have seniority over part-time employees. Part-time employees who have bypassed him/her are considered. Upon written request become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the Citymost senior part-time employee first, he/she may be reinstated and thereafter in decreasing order of seniority, providing the affected employee has the ability to his/her proper place in do the line normal requirements of progression behind those who have bypassed him/herthe job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 13.01 Seniority for employees shall be established a Seniority List determined from the date of the regular members employee’s most recent employment at each specific Gas Bar location as a part-time employee or as a full-time employee. (a) Employees shall acquire seniority based on accumulated hours worked. A list by Gas Bar location of part-time and full-time employees and their seniority will be provided to the Fire & Rescue Department, Union in January and said list shall be brought up-to-date by the City on or before January 15th July of each year. Said list . (b) Employees returning from an authorized absence, which includes an absence provided for under this Collective Agreement, verified illness and/or injury, Worker’s Compensation, Manitoba Public Insurance, or a leave provided for under The Employment Standards Code, the Co- operative shall immediately credit the employee’s accumulated hours by averaging the employee’s hours worked in the twenty-six (26) weeks just prior to the employee’s leave and multiplying that number by the number of complete weeks of authorized absence to determine the employee’s accumulated hours for scheduling and call-in purposes. 13.03 Seniority shall be posted on bulletin board in each Fire Station considered broken and services terminated if an employee: (1) is duly discharged by the Co-operative and not reinstated through the Grievance and/or Arbitration procedure of this Agreement; (2) voluntarily quits or resigns; (3) has been laid off continuously for a period of more than six (6) months or is called back to work after a lay off and does not less than thirty daysreturn to employment within twenty-four (24) hours from the time of recall; (4) is absent from work without a written leave of absence, and unless a copy of same satisfactory reason is given by the employee. Sickness or inability to communicate with the Co-operative shall be mailed considered a satisfactory reason; (5) fails to return to work on the Secretary completion of an authorized leave of absence, unless a satisfactory reason is given by the Unionemployee. This list Sickness or inability to communicate with the Co-operative shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expiredbe considered a satisfactory reason. Section 2 13.04 The Co-operative agrees to consider an employee’s seniority on a city- wide basis when evaluating the request for a transfer in the event of a Gas Bar closure. An employee required or allowed to transfer to another Gas Bar by the Co-operative will maintain their seniority in the new location. The Co-operative reserves the right to determine to which facility an affected employee is transferred. 13.05 In matters affecting promotionscheduling or calling in part-time employees, demotion, and transfer preference in available hours of work in a week shall be given to senior part-time employees within the Department, seniority shall govern subject Gas Bar insofar as this is consistent with their availability and willingness to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do perform the work, as prescribed in Section 21 of providing the Procedural Memoranda, Administration; b. Has experience related employee has the skill and ability to do the job; c. Performs handle the work to be performed in a competent manner. 13.06 To enhance the Co-operative’s ability to develop staff to assist in the manner required efficient staffing of each Gas Bar, management may designate an individual on the basis of their merit as determined by the City;management for: d. Cooperates with supervisors and observes rules and regulations;(a) relief of management personnel; and e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination (b) when not relieving such designated employee shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding assigned hours equal to but not more than the examination. Said notice shall contain sources of questions asked on senior unrestricted part-time employee at the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rosterGas Bar. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There a) An Employee will be considered to be on probation and will not have seniority standing until he has worked ninety (90) days in any twelve (12) month period. Upon satisfactory completion of the probationary period an Employee will then acquire seniority standing dating back three (3) months from the date of completion of the probationary period. b) Seniority will be accumulated by the Employee in each division or trade within their office and may be transferable from one division or trade to another upon the mutual consent of the Association, the Employer and the Employee. c) The Employer may, at its sole discretion, terminate the employment of a probationary Employee at any time during the initial probationary period, and such termination shall not be a difference between the parties and shall not be subject to the grievance and arbitration procedure of this Agreement. 11.02 An Employee shall maintain and accumulate seniority under the following conditions: a) While he is actively at work for the Employer after he has completed his probationary period as set out in Article 11.01a) above; b) During any period when he is prevented from performing his work for the Employer by reason of injury arising out of, and in the course of his employment for the Employer and for which he is receiving compensation under the provisions specified by WSIB; c) During the first one hundred and eighty (180) days of any absence due to illness, injury, lay-off, written leave of absence. 11.03 Seniority lists showing each Employee's status shall be established posted by the Company on the mail bulletin board for a Seniority List minimum of three (3) working days within two (2) months after the regular members execution of the Fire & Rescue Department, and said list this Agreement. These lists shall be brought up-to-date at least every three (3) months and shall be available for scrutiny by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, all Employees and a copy of same each seniority list shall be mailed furnished to the Secretary Association. 11.04 Where an Employee is on temporary lay-off for purposes of attending trade school, his seniority standing upon return to active employment shall be deemed to be the same as if he had worked continuously for the period of lay-off. a) When permanent vacancies occur in the bargaining unit and the Employer wishes to fill such job vacancies, the employer will notify employees of the Unionvacancy via electronic notification. This list shall stand approved as Paper copies will be made available if needed. Employees with seniority may make written or electronic application for such vacancies during the posted unless challenged and reported to the Fire Chief on or before the posting period has expiredperiod. Section 2 In matters affecting promotionb) With respect to job postings, demotionprovided that all employees possess equal skills and knowledge to perform the essential function of the role, the most senior employee will be selected. An Employee selected on this basis will be given the opportunity of fulfilling the duties of the new position during a reasonable trial period to be determined by the Employer. If the Employee fails to meet the requirements for the job at any time during the trial period, or if the Employee wishes to relinquish the position at any time during the trial period, he will be returned to his former job. c) Where there are no suitable internal applicants, the Employer shall be free to fill the vacancy at its discretion. 11.06 Employees who accept supervisory positions or positions not covered by this Agreement will retain all seniority earned as a member of the bargaining unit. Where an employee returns to a position in the bargaining unit, they will not accumulate seniority for any time worked outside of the bargaining unit. 11.07 An Employee shall lose all seniority and transfer his employment will be terminated for any of employees the following reasons: a) If the Employee quits his employment; b) If the Employee is discharged for just cause and is not reinstated in accordance with the provisions of this Agreement; c) If the Employee is laid-off and fails to return to work within four (4) working days after being notified by registered mail by the DepartmentEmployer at his address on the records of the Employer, seniority shall govern subject or fails to fitness and abilityadvise the Employer that he will report within fourteen (14) calendar days after receiving such notice. The determination of an employee's fitness and ability It shall be the sole right and responsibility duty of the City, as measured against Employees to notify the following consideration: a. Has the physical qualification Employer promptly in writing of any change in address or telephone number. If an Employee fails to do this, the workEmployer will not be responsible for failure of a notice to reach such Employee and any notice sent by the Employer by registered mail to the address which appears on the Employer's personnel records shall be deemed to have been received by the Employee; d) If he retires; e) If twelve (12) months have elapsed from the day of lay off; f) If he is absent from work for more than two (2) scheduled working days without notifying the Employer and he is unable to provide an explanation satisfactory to the Association and the Employer. 11.08 Before an Employee is reinstated after an absence due to sickness or injury, as prescribed in Section 21 when requested, the Employee must have the Functional Abilities Evaluation form completed by his or her duly qualified physician that sets out what the Employee’s limitations are, if any, and that the employee is capable of performing the essential duties of the Procedural MemorandaEmployee’s position with or without accommodations. If accommodations are required, Administration; b. Has experience related the physician is to do set out the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors nature and observes rules and regulations; e. Protects the property and interests extent of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibilityaccommodation. Notice of examination shall The Employee will be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional roster. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated returned to his/her proper place in position provided the line accommodation can be made short of progression behind those who have bypassed him/her.undue hardship. Where the duration of the absence exceeds ten

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There shall be established a Seniority List (a) That before appointment to the permanent staff, the date of entry into service of an individual for the purpose of the regular members of the Fire & Rescue Department, and said seniority list shall be brought up-to-the date of the employee’s assignment to the staff; and (b) That after appointment to the permanent staff, the date of entry into service of an individual for the purpose of the seniority list shall be set back from the date on which the employee was assigned to the staff by the City on or before January 15th aggregate periods of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a temporary service prior to the date of assignment, provided that no period of not less than thirty days, and a copy of same temporary service shall be mailed taken into account for any individual prior to the Secretary date when the employee may have voluntarily withdrawn from the service of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expiredDivision. Section 2 10.2 No permanent employee shall be discharged except for cause. 10.3 In matters affecting promotionthe case of temporary lay-off such lay-off in the case of permanent employees who have continuously been in the employ of the Division for six (6) months or more, demotion, and transfer of employees within shall be on the Department, basis that the permanent employee with the least seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right first to be laid off, and responsibility in the case of re-employment the permanent employee having the most seniority of the City, as measured against laid-off permanent employees shall be first to be re-hired. Seniority shall continue for twelve (12) months from date of lay-off. 10.4 An employee shall lose seniority and their name shall be removed from the seniority list for any one of the following considerationreasons: a. Has (a) voluntary termination of employment; or (b) discharge for just cause; or (c) retirement under the physical qualification terms of the Division’s Pension Plan; or (d) failure to return to work following an authorized leave of absence unless through illness or other such reason acceptable to the Division; or (e) absence of more than two (2) consecutive working days without notifying the Production Supervisor or the Xxxxxxx; or (f) failure to contact the appropriate District Maintenance Manager or District Maintenance Supervisor within five (5) working days after receiving notice of recall from lay-off by registered mail to do so, unless through illness or other such reason acceptable to the work, as prescribed in Section 21 Division. The employee shall not be required to return to work following lay-off earlier than fifteen (15) working days after receipt of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests above notice unless through mutual agreement of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement employee and the assumption Division. The onus is on the employee to inform the Division in writing of additional responsibilitytheir current address. Notice A copy of examination said notice of recall from lay-off will be forwarded to the Union no later than such notice being sent to the individual. Notwithstanding the remedial authority of an arbitrator under the Labour Relations Act, an employee who has lost seniority as a result of the application of this clause shall be posted notified that their employment is terminated and where such notice is given, it shall be considered as just cause for termination. 10.5 Seniority will continue to accrue if an employee: (a) is on all Department bulletin boards for a any period of thirty paid leave of absence; or (30b) days immediately preceding is on any period of paid sick leave; or (c) is on any period of paid vacation; or (d) is on any period of unpaid leave of absence of less than five (5) consecutive days; or (e) is absent on Workers Compensation other than being in receipt of the examination. Said notice shall contain sources total permanent disability benefits established under Workers Compensation. 10.6 Seniority will be retained but will not accrue if an employee: (a) is on any period of questions asked on unpaid leave of absence of more than five (5) consecutive days; or (b) is laid off for less than eighteen (18) consecutive months; or (c) is in receipt of the written portion. When a total and permanent promotion is to be made, disability benefits established under any disability plan or pension plan. 10.7 A copy of the selection seniority list shall be from provided and sent to each employee covered under the top three (3) candidates on the established promotional rosterAgreement not later than May 15 in each year. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 6.1 An employee will be considered on probation until the employee has worked for six (6) continuous months. However, upon agreement between the Employer and the employee, the probationary period may be extended up to a maximum of one (1) additional month. In cases where a probationary period is extended, the Employer will notify the Guild in writing. In the case of a part‐time employee, the length of the probationary period shall be established determined by an equivalent number of shifts. 6.2 Upon completion of such probationary period, the 6.3 The Employer may discharge a Seniority List probationary employee if the employee is not satisfactory, a determination that is in the sole discretion of the regular members 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 deemed to have terminated employment with the Employer if the employee: (a) voluntarily quits the employ of the Fire & Rescue Department, Employer; or (b) is discharged and said list shall be brought up-to-date by such discharge is not reversed through the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station Grievance Procedure; or (c) is absent for five (5) consecutive working days unless a period of not less than thirty days, and a copy of same shall be mailed reason satisfactory to the Secretary 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) consecutive months; or (f) fails to notify the Employer of the Union. This list shall stand approved as posted unless challenged and reported employee’s intention to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports report for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top within three (3) candidates on days from the established promotional rosterdate of delivery by courier dispatch of a notice of recall to the employee, unless a reason satisfactory to the Employer is given; or (g) fails to report to work after being recalled from lay‐off within two (2) weeks from the date of delivery by courier dispatch of a notice of recall to the employee, unless a reason satisfactory to the Employer is given. Section 3 When (h) Notwithstanding the above, an employee refuses a permanent promotion who has left the employ of the Employer and is rehired shall be credited with previous seniority with the Employer for the purpose of vacation entitlement only. 6.7 It shall be the responsibility of an employee to keep the Employer advised, in his/her line writing, of progression, he/she forfeits his/her rights the employee’s current address. The Employer shall be deemed to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request given an individual on layoff notice of recall by sending notice of recall by registered mail or courier to the City, he/she may be reinstated to his/her proper place in last address supplied by the line of progression behind those who have bypassed him/heremployee.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There A. Seniority rights of employees shall prevail on a Center basis. Seniority shall be established broken only by discharge, voluntary quit, or more than a Seniority List three (3) year layoff., or absence of five (5) years. In the regular members event of the Fire & Rescue Departmenta layoff, and said list an employee so laid off shall be brought up-to-date by the City on or before January 15th given ten (10) days notice of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, and a copy of same shall be recall mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on his/her last known address by telegram, registered or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and abilitycertified mail. The determination employee must respond to such notice within three days after receipt thereof, by telegram, registered or certified mail and actually report to work seven days after receipt of an employee's fitness and ability notice, unless otherwise mutually agreed to. In the event the employee fails to comply with the above, he/she shall be the sole right and responsibility lose all seniority rights under this Agreement. A list of the Cityemployees, as measured against the following consideration: a. Has the physical qualification to do the workarranged in order of their seniority, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted in a conspicuous place at their place of employment. Stewards shall be granted super-seniority for all purposes, including layoff, rehire and job preference if requested by the Local Union within sixty (60) days after the effective date of this Agreement, but only one xxxxxxx shall have super-seniority for such purposes. The Local Union and the Employer shall agree on circumstances under which persons who leave classifications of work covered by this Agreement, but remain in the employ of the Employer in some other capacity may retain seniority rights upon their return to their original unit. In the absence of such express agreement such employees shall lose all Department bulletin boards seniority rights. B. A new employee shall work under the provisions of this Agreement but shall be employed only on a thirty (30) working day trial basis, during which period he/she may be discharged without further recourse, provided, however, that the Employer may not discharge or discipline for the purpose of evading this Agreement or discriminating against Union members. Employees qualifying for a full time package opening shall have a thirty (30) working day trial period of after completing orientation and/or training school, not to exceed fifteen (15) days. After working thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional roster. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.within any ninety

Appears in 2 contracts

Samples: Supplemental Agreement, Supplemental Agreement

SENIORITY. Section 1 There 10.01 Seniority as referred to in this Agreement shall be established a Seniority List mean length of continuous service in the employ of the regular members Employer. 10.02 A regular, fulltime employee shall accrue seniority on the basis of the Fire & Rescue Departmentyears of service in accordance with his/her last date of hire. A regular, and said list shall be brought uppart-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, time employee and a copy casual employee shall accrue seniority on the basis of hours worked, converted to years of service for each 1950 hours worked. 10.03 Where two or more employees commenced work on the same shall day, the greater seniority will be mailed given to the Secretary employee with the earliest date of the Union. This application for employment. 10.04 The Employer agrees to post an updated seniority list shall stand approved as posted unless challenged and reported once per year with a copy to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority Union Xxxxxxx. An employee shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of have thirty (30) calendar days immediately preceding to challenge the examinationseniority list with respect to his/her seniority. Said notice If not challenged, the seniority date of each employee shall contain sources of questions asked on the written portion. When a permanent promotion is be deemed to be made, the selection correct. 10.05 Seniority shall be maintained and accumulated under the following circumstances: (a) While actively at work. (b) During any period of absence while on sick leave or an absence due to illness or injury; (c) During the period of pregnancy and parental leave as provided in accordance with the Employment Standards Act, 2000 as amended from time to time. 10.06 For avoidance of doubt, continuous service for the top purpose of vacation entitlement shall be maintained and accumulated for an employee who is on short term or long term sick leave, pregnancy and parental leave. 10.07 An employee's seniority rights shall be lost and employment deemed to be terminated when: (a) (s)he voluntarily quits; (b) (s)he retires; (c) (s)he is discharged and the discharge is not reversed through the grievance and arbitration procedure; (d) (s)he is on layoff for more than twelve (12) months; (e) (s)he fails to report to work at the termination of a leave of absence or within one (1) week after being recalled to work and fails in either case to provide a satisfactory reason; (f) (s)he fails to report for scheduled work or leaves his/her work station without obtaining the consent of the Employer or without notifying the Employer of such absence, and providing a satisfactory reason at the earliest reasonable opportunity; (i) The employment has been frustrated as (s)he has not been able to work for more than twenty-four (24) months because of disability (even with accommodation to the point of undue hardship); (ii) The determination that the employment has been frustrated will only be made by the Employer upon final review of the accommodation efforts upon notification to the Union, after the 24 month period noted above; (h) (s)he utilizes a leave of absence for purposes other than that for which the leave of absence was granted; (i) In the case of a casual employee, (s)he has not worked a minimum of one (1) shift, in the past three (3) candidates months, unless at the request of the employee, and in the discretion of the Employer, the casual employee is permitted to remain on the established promotional rosterlist of employees. The permission of the Employer is not to be unreasonably withheld. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 5.01 Seniority is defined as the length of service in the bargaining unit and shall include service with the Division prior to the certification. Seniority shall be established a Seniority List used in transfer, layoff, permanent reduction of the regular members workforce, and recall, as set out in other provisions of this Agreement. Seniority shall operate on a classification basis subject to Article 4.01 of this Collective Agreement. The classifications shall be: 1. Community Support Worker 2. Intercultural Support Worker 5.02 A copy of the Fire & Rescue Department, and said seniority list shall be brought up-to-date provided to the Union members by the City on or before January 15th May 15 of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, and In addition a copy of same the seniority list shall be mailed forwarded to the Secretary of the UnionUnion and the Union Representative by May 15 of each year. This list shall stand approved as posted unless challenged and reported Except where errors have been brought to the Fire Chief Director of Human Resources or his designate's attention within (10) ten days of the mailing of the seniority list, the Division shall be entitled to rely on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, latest seniority shall govern subject to fitness and ability. The determination of list in making any decision based on an employee's fitness seniority. 5.03 An employee shall lose seniority and ability their name shall be removed from the sole right and responsibility seniority list for any of the City, as measured against the following considerationreasons: a. Has (a) Voluntary termination of employment. (b) Discharged for just cause and not reinstated. (c) Voluntarily retired. (d) Failure to return to work following an authorized leave of absence unless through illness or other such reason acceptable to the physical qualification Division. (e) Absence for more than two (2) consecutive working days without notifying their Supervisor or designate. (f) Failure to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top contact their Supervisor within three (3) candidates working days after receiving notice of recall from lay-off by registered mail to do so unless through illness or other such reason that is acceptable to the Division. The employee shall not be required to return to work following lay-off earlier than fifteen (15) working days after receipt of the above notice unless through mutual agreement of the employee and the Division. The onus is on the established promotional rosteremployee to inform the Division in writing of their current address. Section 3 When (g) Laid-off for more than eighteen (18) consecutive months. An employee who has lost seniority as a result of the application of this clause shall be notified that their employment is terminated and where such notice is given, it shall be considered as just cause for termination. 5.04 Seniority will continue to accrue if an employee: (a) is on any period of paid leave of absence; (b) is on any period of paid sick leave; (c) is on any period of unpaid leave of absence of less than twenty (20) consecutive working days; (d) is absent on Workers Compensation as follows: (i) The employee refuses will continue to accrue seniority and sick leave credits while the employee is absent on Workers Compensation for a permanent promotion continuous period of one (1) year from the date of the accident which necessitated the employee being placed on compensation. (ii) The employee will cease to accrue seniority after the period detailed in his/her line Point (i) above, but will retain all accrued seniority. (iii) The employee will cease to accrue vacation and sick leave credits after the period detailed in Point (i) above. (e) is absent on an approved maternity, parental or adoptive leave. 5.05 Seniority will be retained but will not accrue if an employee: (a) is on any period of progressionunpaid leave of absence of more than twenty (20) consecutive working days except for maternity, he/she forfeits his/her rights to all future promotion, until after all parental or adoptive leave. (b) is absent on Workers Compensation and in receipt of the employees who have bypassed him/her are considered. Upon written request to total and complete disability. (c) is laid-off for less than eighteen (18) consecutive months. (d) is absent and in receipt of total and complete disability under the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/herDivision Disability Income Fund.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 21.01 Seniority shall be established a defined as the length of continuous service with the Employer within the bargaining unit. 21.02 Seniority List will continue to accrue during all paid and unpaid authorized leaves of absence, during all layoffs, during vacations and during all periods of sickness and/or injury. 21.03 Seniority and employment within the regular members of the Fire & Rescue Department, and said list shall be brought up-to-date bargaining unit will terminate if an employee: (a) is discharged by the City on Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreement; (b) resigns or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station voluntarily quits; (c) has been laid off continuously for a period of fifty-two (52) weeks; (d) is called back to work after xxxxxx and does not less than thirty daysreturn to work within fourteen (14) calendar days of receiving a registered letter sent to their last known address, and or does not communicate with the Employer as required by Article 15. (e) is absent from work for five (5) consecutive working days without a copy written leave of same absence, unless a satisfactory reason is given by the employee. True inability to communicate with the Employer shall be mailed considered satisfactory reason; or (f) fails to return to work on the completion of an authorized leave of absence without a reasonable explanation satisfactory to the Secretary of Employer; or (g) is absent from the Union. This list shall stand approved as posted unless challenged and reported workplace due to the Fire Chief on illness or before the posting period has expired. Section 2 In matters affecting promotiondisability, demotionhowever caused, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty two (302) days immediately preceding years, excluding an employee who is in receipt of Workers Compensation benefits, for any period including a period in excess of two (2) years; or (h) is on long term disability longer than twenty-four (24) months. 21.04 In all matters of promotion within the examinationbargaining unit, awarding of a new full-time position or vacant position within the bargaining unit, relieving another employee in a higher paying classification within the bargaining unit, and recall after layoff, where fitness, ability and reliability are relatively equal, seniority shall be the governing consideration, providing the more senior employee has the ability to perform the normal functions of the job. Said notice In all matters of non-disciplinary demotion, layoff and reduction to part-time, where fitness, ability and reliability are relatively equal, reverse seniority shall contain sources of questions asked on be the written portion. When a permanent promotion is governing consideration, providing the more senior employee to be made, retained has the selection ability to perform the normal functions of the job. 21.05 Employees from within the bargaining unit who accept a position with the Employer which places them outside of the bargaining unit shall be from the top maintain seniority for a period of three (3) candidates calendar months. This employee shall cease all association with the Union, including payment of Union dues. Commencing with, and included in the acceptance of the non-bargaining unit position, the employee will be placed on probation for a period of three (3) calendar months of actual work. During this period, with ten (10) days' working notice, the established promotional roster. Section 3 When an employee refuses a permanent promotion in shall be entitled to return to the bargaining unit and his/her line former position and rate of progressionpay. During the probationary period, he/she forfeits his/her rights the Employer shall also have the right to all future promotion, until after all return the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated employee to his/her proper place in former position and rate of pay. Employees who remain outside of the line of progression behind those bargaining unit beyond the probation period shall be deemed to have left Union membership. 21.06 No new employees shall be hired by the Employer so long as there are qualified part-time employees who have bypassed himthe immediate ability and who are willing to perform the work required without incurring overtime, or so long as there are employees who are on layoff status who have the immediate ability to do the job and who are willing to perform the work required. 21.07 The Employer shall give fourteen (14) calendar days' notice in writing or fourteen (14) calendar days' pay in lieu thereof, or any combination of notice or pay in lieu to any employee whose status is to be changed by the Employer from full-time to part-time. 21.08 The most senior part-time employee first and thereafter in descending order of seniority will be scheduled on a bi-weekly basis for at least as many hours as any junior part-time employee, providing the employee is available and willing to work the hours. This provision applies only to regularly scheduled hours and does not apply to additional hours including: overtime or call-in hours. 21.09 In January and July of every calendar year, the Employer shall post the full seniority list showing the seniority of each employee. The Union shall be emailed a separate seniority list in Excel format that contains the following information: start date, seniority date, classification, department (if applicable), rate of pay, FT/her.PT status, employee number, mailing address, email address, telephone number and S.I.N. of all bargaining unit employees including those on leave (including the type of leave)

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Agreement

SENIORITY. Section 1 There 10.01 For the purposes of this Article service shall be established a Seniority List of the regular members of the Fire & Rescue Department, and said list shall be brought up-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board mean service as an employee as defined in each Fire Station for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expiredArticle 1. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of 10.02 Seniority is based on an employee's fitness total length of unbroken service. 10.03 An employee who ceases to be an employee as defined in Article 1 but who remains in the employ of the Employer, shall retain credit for their accumulated seniority and ability shall be entitled to such seniority if they resume employee status within the sole right and responsibility period of 6 months. 10.04 If there is a break or breaks in an employee's service, their seniority shall be based on their length of unbroken service which shall have accumulated since their last rehiring by the Employer. 10.05 A break in an employee's service with the Employer shall be deemed to have occurred: a) (Quit) If they leave the employ of the CityEmployer. b) (Discharge) If they are discharged for just cause and if the discharge is not reversed through the grievance procedure. c) (Layoffs and Recalls) If they are laid off because of lack of work and are not recalled within 24 months. d) If following a layoff, as measured against they fail to advise the following consideration:Employer within 5 working days of receipt of notification to return to work, of their intention to return, or; a. Has e) If the physical qualification employee fails to report to work on the date and at the time specified in said notice. The recall notice shall be made in writing and delivered by registered mail to the last address given by the employee to the University. f) All employees must notify the Employer promptly of any address change. Failure to do so will remove all responsibility from the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work Employer in the event that official notices fail to reach the employee. g) If in any other manner required they cease to be employed by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rosterEmployer. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There (a) Seniority of an employee shall mean the length of the employee’s unbroken service with the Company in the Bargaining Unit covered by this Agreement, except as provided in clauses 8.01 (b) and (c) below. (b) It is agreed that clause 8.01 (a) above shall not be applied to alter any seniority date which has been established prior to the effective date of this Agreement. (c) An employee who accepts a job (whether permanent or temporary) with the Company outside the Bargaining Unit may, within three (3) months of receiving such job, revert to their former position and in so doing may displace the employee who succeeded the employee in that position. After such an employee has been out of the Bargaining Unit for a period in excess of three (3) months, the employee may only return to the Bargaining Unit to accept a position which remains vacant after completion of the job posting procedure set out in this Article 8. This opportunity for any given employee to return to the Bargaining Unit from an excluded position shall be established limited to one occasion only. Notwithstanding the foregoing, the Company may use bargaining unit employees to fill in for the same classification at a Seniority List location outside of the regular members of the Fire & Rescue Department, and said list Edmonton Branch. Employees shall be brought upasked in seniority order to fill in for such positions however no employee may be forced to do so. The use of Edmonton employees cannot negatively impact on the vacation allotment or the full time FTE Letter of Agreement. (d) Not withstanding the above one-totime only provision, an employee that is the successful candidate for a temporary job posting in sales may only perform such work to a maximum of three hundred and sixty-date by five (365) consecutive calendar days. The Company shall continue to deduct and remit Union dues on the City on or before January 15th of each year. Said list employee’s behalf. 8.02 An employee's service with the Company shall immediately be posted on bulletin board in each Fire Station broken if that employee: (a) quits. (b) is laid off for a period of not less than thirty dayseighteen (18) months or a period equal to one-half (1/2) of the employee’s Company seniority to a maximum of three (3) years, whichever time period is greater. (c) is discharged, and such discharge is not reversed by grievance procedure, (d) fails to return to work on the expiration of any period of leave granted by the Company, unless the employee contacts the Company, if possible, prior to the intended date of return and provides a copy reasonable explanation for the need of same an extension to the period of leave. (e) is absent from work for three (3) or more consecutive working days without having notified the Company and received permission to be absent, unless the employee can provide a reasonable explanation or, (f) retires. 8.03 For the purposes of this Article 8, inside employees, outside employees and office employees shall be mailed to considered as separate seniority groups. 8.04 Separate seniority lists shall be maintained by the Secretary Company for each of the Unionseniority groups referred to in clause 8.03 above. This Each such list shall stand approved as posted unless challenged and reported to show the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer name of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work each employee in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement group and the assumption date from which the employee’s seniority is calculated according to Company records. If two (2) or more employees are hired on the same day, the times of additional responsibilityhiring will determine their seniority ranking. Notice of examination shall These lists will be brought up to date every three (3) months and, at each revision, will be posted on all Department the Union bulletin boards board for a period of thirty seven (307) days immediately preceding the examinationcalendar days. Said notice shall contain sources of questions asked During that interval, any employee whose name appears on the list for the first time, or whose seniority date has changed from the most recently posted seniority list, may question their seniority ranking if the employee is in disagreement with it. If no written portion. When complaint is received by the Company within seven (7) calendar days of the posting of a permanent promotion is seniority list, the revisions contained in that list shall be deemed to be made, correct by all concerned. Any other inaccuracies of the selection seniority list shall only be from changed by mutual agreement between the top three (3) candidates on Local Union President and the established promotional rosterLabour Relations Manager. Section 3 When 8.05 In making promotions, demotions, lay-offs, and recalls from lay-offs within a seniority group, seniority shall govern, provided the employee can satisfactorily fulfil the normal requirements of the job. For the purposes of this Article 8 a "promotion" in any seniority group shall mean only the moving of an employee refuses from a permanent promotion job in his/her line that group included in one of progressionthe wage brackets referred to in Article 16 hereof to a job in that group included in another such wage bracket designated by a higher number and shall not include the moving of an employee from one job to another, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place both jobs being included in the line same wage bracket nor shall a "promotion" include the moving of progression behind those who have bypassed him/heran employee to a job in which he would cease to be an "employee" as defined in this Agreement.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 17.01 Seniority hereunder of any Employee (other than a probationary Employee) shall commence with the date of the Employee's employment, provided that if there shall have been a break in service, his seniority shall mean the date of such Employee's last re-entry into employment. Effective December 1, 2005, seniority hereunder of any new Employee (other than a probationary Employee) shall commence with the date of the Employee’s employment with the bargaining unit, provided that if there shall have been a break in service, his seniority shall mean the date of such Employee’s last re-entry into employment within the bargaining unit. A break in service and a termination of employment shall be established deemed to have occurred if an Employee: (a) quits; (b) is discharged; (c) is laid off for lack of work for 12 months; or (d) within 5 days from the day notice is sent by the Employer by registered mail to the Employee's last known address on record with the Employer, as furnished by the Employee, fails to notify the Employer of his intention to return to work after a Seniority List layoff within 10 working days from the day such notice is sent or fails to so return; (e) if his employment is otherwise terminated. 17.02 Layoffs or recalls shall be based on the following factors: (a) bargaining unit seniority; (b) skill, competence, efficiency, ability, knowledge and training. When in the judgment of the regular members of Employer, which shall not be exercised in an unfairly discriminating manner, the Fire & Rescue Department, and said list shall be brought up-to-date by the City on qualifications in factor (b) are relatively equal as between two or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Departmentmore Employees, seniority shall govern subject to fitness and ability. The determination govern. 17.03 For the purpose of an employee's fitness and ability shall be the sole right and responsibility of the Citypromotion only, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work plant ticket seniority while in the manner required by bargaining unit will apply. Plant ticket seniority will be considered as the City;earliest date on which the appropriate certificate of qualification was held while in the bargaining unit. d. Cooperates with supervisors and observes rules and regulations; e. Protects 17.04 When a permanent vacancy occurs in the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement bargaining unit and the assumption of additional responsibility. Notice of examination Employer deems to fill such vacancy, a notice shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination7 consecutive days. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection Applications for such vacancy shall be from made in writing within that 7 day period. Applications will be made through the top three (3) candidates on the established promotional rosterHuman Resources Services website. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 23.01 Seniority shall be established a defined as the length of continuous service with the Company within the bargaining unit. When employees are hired on the same day, seniority will be determined by shift start time, then alphabetically commencing on the first day of working on production. 23.02 Seniority List shall continue to accumulate during all paid and unpaid authorized leaves of the regular members of the Fire & Rescue Departmentabsence, during all layoffs, and said list during all periods of sickness and/or injury. 23.03 Seniority shall be brought up-to-date considered broken and services terminated if an employee: (a) is duly discharged by the City on Company and not reinstated through the Grievance and Arbitration Procedure of this Agreement; (b) voluntarily quits or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station resigns; (c) has been laid off continuously for a period of eighteen (18) months or is called back to work after a layoff and does not less than thirty days, and return to work within fourteen (14) calendar days of receiving a copy of same shall be mailed registered letter sent to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on his or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administrationher last known address; b. Has experience related to do the job; c. Performs the (d) is absent from work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests without a written leave of the City; f. Reports absence for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top more than three (3) candidates consecutive working days unless a satisfactory reason is given by the employee. Sickness or inability to communicate with the Company shall be considered a satisfactory reason; (e) fails to return to work on the established promotional rostercompletion of an authorized leave of absence, unless a satisfactory reason is given. Section 3 When an employee refuses a permanent promotion 23.04 Seniority shall be the governing factor in his/her line matters of progression, he/she forfeits his/her rights to all future promotion, until after awarding of a new position or vacant position, and relieving another employee in a higher or equally paying classification, providing the employee has the ability to be able to do the normal requirements of the job as determined by the Company. The Company in determining ability agrees to be fair and reasonable. 1. Select Positions include the following job classifications: a. Line Lead b. Shipper c. Robotic Operators When the Company creates a new position, the Company will meet and confer in good faith with the Union as to whether the position will be considered a Select Position or a Bid Position. A Select Position will be required to be materially different from all current bid positions and shall include one or more of the employees who have bypassed him/her are consideredfollowing elements: technical proficiency, specialized certifications or other special skills or unique abilities. Upon written request Should the parties not come to an agreement the City, he/she may matter will be reinstated to his/her proper place heard by one of the listed Arbitrators in the line of progression behind those who have bypassed him/her.Article 31.01

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Agreement

SENIORITY. Section 1 There 8.01 Seniority, as referred to in this Agreement shall mean length of continuous service in the employ of the Company and shall be established on a Seniority List plant-wide basis. 8.02 An employee will be considered to be probationary during his first six month period. The Company shall have the un- conditional right to terminate probationary employees, not- withstanding any other provision of this Agreement other than paragraph 6.01. The Company and the Union may agree to extend the probationary period of the regular members employees. 8.03 Seniority lists will be revised monthly unless there have been no changes to the list; a copy of the Fire & Rescue Departmentlist will be posted in the plant and a copy given to the Union. 8.04 Layoffs which are anticipated to be a duration of a full work- ing shift or more shall be on the following factors; (a) seniority (b) skill and ability Where the qualifications in factor (b) are relatively equal, seniority shall govern. However, the Company reserves the right to maintain, at all times, crews capable of performing the jobs required. Layoffs of less than one (1) full working shift, which are out of seniority, will be limited to occur not more than once in any work week, and said list only after all less senior General Help employees have been laid off. Employees with seniority will be offered the General Help job, however, the senior employ- ees will have the right to opt to leave. There are no bumping rights for layoffs of less than a full working shift unless otherwise stipulated elsewhere in the Collective Agreement. If an employee is transferred to a lower rated job to avoid layoff of a full working shift or more, he shall receive the rate of that lower rated job. 8.05 Seniority shall terminate and an employee shall cease to be brought up-to-date employed by the City Company when he/she: (a) voluntarily quits his employment with the Company; (b) is discharged and is not reinstated through the grievance procedure or arbitration; (c) is off work due to a lay-off for a continuous period of eighteen (18) months (benefits will continue for the per- iod defined by the length of employ with the Company or eighteen (18) months, whichever period is less); For em- ployee’s hired after date of ratification (August 7, 2011) benefit continuation is 30 days maximum. (d) fails to report for work within three (3) working days af- ter being notified by the Company of recall by registered mail, unless for a bona fide reason; (e) fails to return to work upon the termination of a leave of absence unless a reason acceptable to the Company is given; (f) accepts gainful employment while on or before January 15th a leave of each year. Said list absence without first obtaining the consent of the Company in writing; or (g) is absent from work for three (3) consecutive days with- out notifying the Company and without providing a bona fide reason. 8.06 An employee who voluntarily accepts a position outside the bargaining unit shall immediately be posted on bulletin board in each Fire Station maintain and continue to accumulate seniority for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates months for the purpose of transferring back into the bargaining unit. If the employee returns to the bargaining unit after one (1) day, but before three (3) months have expired, she/he shall return to his posted position. If the employee returns to the bargaining unit after three (3) months have expired, she/he shall have no seniority standing. There will be only one such occurrence per employee per year. In order to maintain and accumulate seniority and the right to return to the bargaining unit, the Company will continue to deduct Union dues based on the established promotional rosterhourly rate of his most recent posted position. The employee may waive his right to maintain and accumu- late seniority and the right to return to the bargaining unit and discontinue paying Union dues. This waiver will be submit- xxx to the Company in writing and the Company will forward a copy to the Local 333 Office and the Unit Chairperson. Section 3 When an 8.07 It shall be the duty of each employee refuses to notify the Company promptly of any change in address. Notice required by the Company shall be deemed to be given if forwarded to the employee’s last address of which the Company had notice. 8.08 An employee who has been receiving short term or long term disability benefits and is: (a) able to return to work and is capable of performing the duties of the employee’s former job, shall provide the Company with satisfactory medical proof of readiness to return to work. The Company shall then reinstate the employee in the same job held immediately prior to the disability. (b) able to return to work and is incapable of performing the duties of the employee’s former job, but is capable of performing the duties of a permanent promotion lower rated or modified job, shall notify the Company of his readiness to return to work, and provide the Company with a comprehensive medical report, at the Company’s expense. The Company shall then reinstate the employee to a job for which the employee is capable of performing. The employee will be paid the rate of pay associated with the highest paying lower rated or modified job. 8.09 Where two (2) or more employees have the same seniority date, their names will be placed on the seniority list in his/her line the order of progression, he/she forfeits his/her rights processing by the Personnel Department on the day of hiring. The employee at the head of the list on his date of hire shall be deemed to all future promotion, until after all possess the highest seniority of the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/heron that date.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 1. Seniority standing shall be established a Seniority List granted to any regularly employed operating and/or maintenance employee covered by this contract after ninety (90) days worked. The standing is to be determined upon the basis of length of continuous employment of the regular members employee, including service in the Armed Forces of our country in accordance with the Fire & Rescue Departmentconditions of a military leave of absence as outlined in Article XXII, and said list shall be brought up-to-date by the City on “Veteran’s Rights” or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expiredother leaves so specified. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability2. The determination of an employee's fitness and ability first ninety (90) days worked shall be considered probationary and during this period the sole right and responsibility probationary employee may be laid off, discharged, or transferred solely at the discretion of the Cityadministration, provided other employees’ seniority rights are not infringed upon. Section 3. If the employee is continued in the employment of the School System beyond the ninety (90) days‐worked probationary period, the employee shall acquire the status of a regular employee and seniority established from the first day worked as measured against a probationary employee. This provision shall not include anyone employed to do specific work which cannot be done by regular employees. Section 4. No student in the Wyandotte Public Schools enrolled in the regular school program can acquire seniority under any circumstances. Section 5. Seniority used to bid jobs by an employee demoted from a supervisory position shall consist of seniority accumulated from date of hiring until time of promotion to a supervisory position, or until July 1, 1966, whichever is later. If demoted, he/she shall be unassigned until such time as a job opens for bidding by regular employees, at which time he/she may exercise his/her seniority to bid. Such demotion shall not result in the discharge of a regular employee. (a) Seniority, regardless of its length, acquired by less‐than‐eight (8)‐hour employees, cannot be used to out‐bid seniority acquired by eight (8)‐hour employees in bidding for eight (8)‐hour jobs. Seniority acquired by eight (8)‐hour employees cannot be used to out‐bid seniority acquired by less‐than‐eight (8)‐hour employees in bidding for less‐than‐eight (8)‐hour jobs. (b) A less‐than‐eight (8)‐hour employee bidding into an eight (8)‐hour job will carry seniority (prorated) to the eight (8)‐hour job. Those now employed in eight (8)‐hour jobs will have any previous four (4)‐hour seniority prorated and added on in their present eight (8)‐ hour seniority. Vacation time allowed shall be based on the above basis (refer to Article VIII, Section 6, relative to pro‐ration). Section 7. An employee shall lose his/her seniority standing for the following considerationreasons: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, AdministrationResignation or retirement; b. Has experience related to do the jobDismissal for just cause; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports Absence for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rosterconsecutive days without notifying (without just cause) supervision. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

SENIORITY. Section 1 There SECTION I: Seniority shall be established a Seniority List based upon the length of accumulated service in the employ of the regular members Town since the last date of hiring, except as otherwise provided in this Agreement. SECTION II: An Employee shall have no authority rights of any kind during the first One Hundred Eighty (180) days of employment. Upon completion of this probationary period, seniority shall accrue to said Employee beginning with the first day of employment by the Town. SECTION III: All matters concerning layoffs and reemployment shall be subject to the provisions of Chapter 31 of the Fire & Rescue DepartmentMassachusetts General Laws as amended and applicable under which seniority shall control layoffs and reemployment when the senior employees have the ability and qualifications for the job involved. An employee who has completed his probationary period and who is laid off for lack of work shall be given at least a five (5) working day written notice of layoff by the Town. SECTION IV: Employees shall be considered by the Town for an available opening on the basis of their ability and qualifications to perform the job. Where such ability and qualifications are possessed by two or more interested employees, seniority shall control. SECTION V: The principle of seniority within each classification shall govern and control in all cases of transfer, as well as preference in assignment to shift work and choice of vacation period. An employee, who wishes to exercise his seniority right in reference to his choice of a vacation period, shall request his desired vacation period at least sixty (60) days in advance, and said list in the event he fails to do so, other vacation requests shall be brought up-to-date processed as received. SECTION VI: The services of an Employee during any period of employment by the City on Town shall be disregarded and his seniority shall cease and terminates: a) If he resigns in writing; b) If he is discharged for just cause; c) If he does not return to work within fourteen (14) working days after the mailing by the Town by certified mail or before January 15th a Notice of each year. Said list shall immediately be posted on bulletin board in each Fire Station Recall sent to him at his correct address except for reasonable cause; d) If he is laid off for a period of not less than thirty days, and a copy time equal to his accumulated total seniority at the time of same shall be mailed layoff but in no event to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top exceed three (3) candidates on the established promotional rosteryears. Section 3 When an employee refuses a permanent promotion in his/her line SECTION VII: The provisions of progression, he/she forfeits his/her rights this Article are subject to all future promotion, until after all Article 21 of this Agreement and Chapter 31 of the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/herMassachusetts General Laws as amended and applicable.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. Section 1 There 20.01 Seniority shall be established a defined as the length of continuous service with the Employer within the bargaining unit, inclusive of training days, from the most recent date of hire. 20.02 Seniority List shall continue to accumulate during all paid and unpaid authorized leaves of the regular members of the Fire & Rescue Departmentabsence, during all lay-offs, and said list during all periods of sickness and/or injury. 20.03 An employee shall cease to have seniority rights and their employment status with the Employer shall be brought up-to-date terminated for all purposes if the employee: a) is duly discharged by the City on Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreement; b) voluntarily quits or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station resigns; c) has been laid off continuously for a period of twelve (12) months or is called back to work after a lay-off and does not less than thirty days, and return to work within seven (7) calendar days of receiving a copy of same shall be mailed registered letter sent to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administrationtheir last known address; b. Has experience related to do the job; c. Performs the d) is absent from work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests without an approved leave of the City; f. Reports absence for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top more than three (3) candidates consecutive working days unless a satisfactory reason is given by the employee such as sickness; e) fails to return to work on the established promotional rostercompletion of an authorized leave of absence unless a satisfactory reason is given by the employee. Section 3 When 20.04 The selection of employees for vacant or new positions shall be on the basis of qualifications, ability and seniority. Where qualifications and ability are relatively equal, seniority shall be the determining factor. Seniority shall be the governing factor in relieving an employee refuses in a permanent promotion in his/her line higher paying classification, leave requests, scheduling daily hours of progressionwork and recall after layoff, he/she forfeits his/her rights to all future promotionproviding the more senior employee has, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line judgment of progression behind those who have bypassed him/herthe Employer which shall not be exercised in an arbitrary or discriminatory manner, the ability to satisfactorily be able to perform all aspects of the work required. Reverse order of seniority shall be the governing factor in all matters of non-disciplinary demotion, layoff, and reduction to part-time, providing the more senior employee has, in the judgement of the Employer which shall not be exercised in an arbitrary or discriminatory manner, the ability to satisfactorily be able to perform all aspects of the work required.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 6.01 Seniority shall be established a Seniority List mean the employee's service with British Airways, calculated from his latest date of joining the regular members of Company, within his classification, at the Fire & Rescue Department, and said list shall be brought up-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board specific location where this Agreement is in each Fire Station for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expiredforce. Section 2 In matters affecting promotion6.02 Seniority, demotion, qualifications and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the workwork required shall govern all employees classified herein (and such additional classifications as may be mutually agreed between British Airways and the Union) in the case of reduction in force and re-employment after release due to reduction in force. No employee shall be returned to work after a lay-off out of line with his seniority, without the mutual agreement of both parties to the Agreement. Before such action is taken British Airways agrees to discuss it with the Union Committee at one of its regular meetings, without prejudice to the Rights of Management, as prescribed defined in Section 21 Article 2 hereof. 6.03 In the event of a reduction in force calling for demotion and/or lay-off, the Procedural Memoranda, Administration;following procedure will be followed: b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors 6.04 An employee who is re-classified or promoted will be given an appropriate training period and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has hence given a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period minimum of thirty (30) days immediately preceding in his new classification to demonstrate his ability to perform the examinationjob in a satisfactory manner, and if he fails to give satisfaction in the new classification, will be told the reasons, in writing, why he is not considered suitable for retention in that job. 6.05 Employees promoted to supervisory or administrative positions, not covered herein, will retain and accrue seniority in the classification from which promoted for a maximum of six (6) months, however, they may exercise the right to displace only in the event their work does not prove satisfactory, reduction in force or an elimination of position. 6.06 Seniority need not, in any respect, govern assignments to temporary duty field service or special assignment duty or to temporary positions in higher paid classifications of less than thirty (30) calendar days. 6.07 An employee who has completed his probationary period and is laid-off due to a reduction in force shall retain his seniority during such lay-off for a period not exceeding his previous service up to a maximum of twenty-four (24) months. Said notice An employee who has completed his probationary period and is demoted due to a reduction in force shall contain sources of questions asked on retain his seniority in the written portionclassification from which demoted. When a permanent promotion is An employee to be madelaid-off must exercise seniority in the classification in which he holds seniority, by advising the selection Personnel Department of British Airways in writing seven (7) calendar days from the receipt of his lay-off notice. In the event he does not exercise such seniority he forfeits same. A laid-off or demoted employee shall be recalled to the classification from the top three (3) candidates on the established promotional roster. Section 3 When an employee refuses a permanent promotion in his/her line of progression, which he/she forfeits his/her was laid-off. 6.08 An employee laid off shall file proper addresses with British Airways at the time of lay-off, and any subsequent change of address. An employee will be notified of recall by Registered Mail or courier and must notify British Airways within seven (7) days, the date he will report for duty. An employee who fails to give such notice or who fails to return to duty within fifteen (15) days shall lose all rights to recall. 6.09 An employee shall forfeit all future promotionseniority rights when he/she: a) Resigns from the service of British Airways; b) Is discharged and such discharge is not reversed through the Grievance procedure; c) Is absent from work without permission for five (5) days unless such absence is justified; and d) Fails, until unless he has a justifiable excuse, to report for work on the first day following the expiration of a Leave of Absence or Vacation. 6.10 1) A seniority list for each location prepared by British Airways, shall be provided to all Union employees within thirty (30) days after the signing of this Agreement, showing each employee's name and seniority date. Thereafter the Company shall provide all the Union employees who have bypassed him/her are consideredwith a seniority list each six (6) months to enable each employee to verify their own seniority date. Upon written request The employees will then be allowed sixty (60) calendar days in which to protest such list to the CityUnion Committee Chairperson, he/she any omission or error affecting his seniority. The Union Committee Chairperson in turn shall verify the list and may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.protest in

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 20.01 Seniority shall be established a defined as the length of continuous employment with the Company within the bargaining unit. Temporary absence from work, as set forth in this Agreement, shall not break seniority. For all purposes of this Article, two (2) seniority lists will be used. One (1) for Production Employees and one (1) for Office Employees 20.02 Seniority List shall accumulate during all paid and unpaid authorized leaves of absence for the first three (3) calendar months only. Thereafter, seniority shall be maintained until the employee returns to work. The exception to this shall be layoffs, and any leave of absence for sickness, injury, maternity leave, or parental leave, where in such case seniority shall accrue during the entire layoff or leave of absence, as the case may be. 20.03 Seniority rights of an employee may be terminated for any of the regular members following reasons: (a) if an employee voluntarily leaves the employ of the Fire & Rescue DepartmentCompany; (b) if an employee is discharged for just and sufficient cause and the employee is not reinstated through use of the Grievance Procedure; (c) if an employee fails to return to work after a layoff within seven (7) calendar days after notice to return to work has been forwarded by registered mail to their last address on file with the Company, unless a satisfactory reason is given by the employee. Substantiated illness, injury, or situations where notice to terminate employment with another Company is required to be given to said Company, shall be considered as a satisfactory reason. Where such notice is required to be given to another Company the seven (7) days' notice referred to above shall be increased to fourteen (14) calendar days; (d) if an employee fails to return to work after the completion of an authorized leave of absence unless a satisfactory reason is given by the employee. Substantiated illness or injury shall be considered as a satisfactory reason; (e) if an employee has not performed work for the Company during any twelve (12) consecutive calendar month period, except in the case of accident, sickness or disability; (f) if an employee has failed to report for work for more than three (3) consecutive working days unless a satisfactory reason is given by the employee. Substantiated illness or injury shall be considered as a satisfactory reason. 20.04 The awarding of promotions, vacancies, or relieving in a higher rated classification shall be done on the basis of seniority providing the senior applicant possesses the skill and ability to perform the normal requirements of the job. The awarding of promotions, vacancies or relieving to the position of Supervisor or Relieving Supervisor shall be based on skill, qualifications, and said list ability to perform the normal requirements of the job and where skill, qualifications, and ability are equal, seniority will be the determining factor. The determination of sufficient skill and ability to perform the normal requirements of the job shall be brought up-to-date by based on evidence and standards that are reasonable, demonstrable and objective, and both on the City job experience and related experience shall be considered substantial evidence of sufficient skill and ability to perform any job under consideration. Should more than one applicant apply for a job posting of supervisor or relieving supervisor, an interview process will take place and the results will be made available to the union upon request. In the event of a promotion, the employee will be on a trial period for one hundred and eighty (180) calendar days during which time he or before January 15th of each yearshe may elect to return to his or her former job, or the Company may return the employee to his or her former job for just cause. Said list shall immediately Any employee who does not complete their trial period will be posted on bulletin board in each Fire Station ineligible to apply for the same position for a period of not less than thirty days, and a copy of same one (1) year. 20.05 Seniority shall be mailed the governing factor in all cases of layoff providing the employee involved has the ability to do the Secretary normal requirements of the Unionjob. This list Under this definition, the last employee hired shall stand approved as posted unless challenged be the first to be laid off. In the event of layoff, an employee having more seniority than another employee and reported claiming the other employee's job shall be given a sixteen (16) hour trial period on said job. Any temporary employee who at the time of layoff either does or does not exercise their rights under this paragraph, shall nevertheless only be recalled to the Fire Chief on work in their former classification from which they were initially laid off, or before the posting period has expiredtheir Plant Help "A" or "B" classification, whichever occurs first. Section 2 In matters affecting promotion20.06 Seniority shall be the governing factor in all cases of recall to work providing the employee involved has the ability to do the normal requirements of the job. Under this definition, demotion, and transfer of employees within the Department, employee on layoff who has the most seniority shall govern subject be the first to fitness be recalled to work. 20.07 Seniority shall be applied among permanent and abilitytemporary employees respectively. The determination of All permanent employees shall have seniority over all temporary employees. Temporary employees shall have the same seniority over other temporary employees. 20.08 When an employee's fitness and ability employment is voluntarily reduced from permanent status to temporary status, said employee's temporary seniority shall be dated back to his or her original date of hire. 20.09 The seniority dates for temporary employees who are advanced to the sole right and responsibility status of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination permanent employees shall be posted established on all Department bulletin boards the basis of each year of employment as a temporary employee equaling fifty (50%) percent of a calendar year, unless the employee can demonstrate continuous employment during six (6) months or more of a particular calendar year, in which case the employee will be credited with one (1) full year of seniority. The only exceptions to this shall be when establishing an employee's wage rate and vacation entitlement where seniority shall date back to the employee's original date of hire. 20.10 Any employee promoted to a position outside the bargaining unit shall be on a trial period for a period of thirty six (306) days immediately preceding calendar months. If the examinationemployee is not successful in their new position, or decides to return within the bargaining unit, same will be allowed within the six (6) month period. Said notice The employee shall contain sources then return to the bargaining unit without loss of questions asked seniority and benefits. Management shall endeavour to give first consideration to such promotions from within the bargaining unit (Xxxxxxx xxxxxx). 20.11 Employees who have been awarded a position as a result of a job posting will only be able to retain one (1) "bid-in" classification at any given time. In the event of insufficient work in the classification the employee is currently in, the employee will revert to either Plant Help "A" or "B" only. From Plant Help "A" or "B", they will then be able to rebid on any new bid-in classification that becomes available in the written portionfuture. The exception to this rule where an employee may bid in or bump into additional classifications will be in the event of layoffs. An exception to the rule will also be when relieving Production Supervisors. 20.12 When a permanent promotion position or positions in a classification is to be madeopen to bid, the selection shall be from Company agrees only to fill the top three (3) candidates on positions open for bidding as per the established promotional roster. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the Agreement. If employees who have bypassed him/her are considered. Upon written request applied for the job do not get the job they shall not be entitled to the Citybump another employee with less seniority in positions already occupied, he/she may be reinstated to his/her proper place which were not open for bidding, except in the line event of progression behind those who have bypassed him/herlayoffs.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 9.01 Seniority is defined as the length of service within the bargaining unit with the Region since the most recent date of hire, and shall be established a factor in determining promotions, transfers, demotions, lay-offs and recalls. Seniority List shall operate on a bargaining-unit-wide basis except as otherwise provided for in this Agreement. 9.02 An employee shall serve a probationary period of six (6) continuous calendar months of time worked from the regular members date of the Fire & Rescue Department, and said list hire. The conditions of employment with respect to probationary employees shall be brought as set out in Article 29 - Employee Definitions, paragraph 29. 9.03 An employee who satisfactorily completes the probationary employment shall be placed on the seniority list and will be credited with seniority at a date six (6) months prior to acquiring such seniority. 9.04 The Region shall maintain a seniority list showing the date upon which each employee's service commenced. An up-to-date by seniority list shall be sent to the City Union and posted on or before all bulletin boards in January 15th and July of each year. 9.05 Seniority shall be lost and employment terminated where an employee: (i) Voluntarily resigns. (ii) Is laid off and is not recalled to active employment within eighteen (18) calendar months, or one-half of the employee's seniority at the time of lay-off, whichever is the lesser. (iii) Fails to confirm his intention to return to work within five (5) working days after notice to return to work has been sent to him by registered mail to the last address on the Region's records, or fails to return to work within seven (7) working days from the date of such registered notice, unless a reason satisfactory to the Region is provided. (iv) Is absent from work in excess of three (3) working days without sufficient cause or without notifying his immediate supervisor. (v) Overstays an approved leave of absence and fails to obtain written extension from the Region. (vi) Is discharged for cause and is not reinstated by the grievance procedure. 9.06 Where an employee is transferred or promoted to a position not subject to the terms of this Agreement, he shall retain the seniority accrued to the date of the transfer or promotion from the bargaining unit. Said list If the employee is placed back into a position covered by the terms of this Agreement, his aforementioned seniority shall immediately be posted on bulletin board in each Fire Station credited to him. An employee who temporarily is transferred or promoted to a position not subject to the terms of this Agreement for a period of not six months or less than thirty days, and a copy of same shall be mailed return to the Secretary of job classification held within the Union. This list shall stand approved as posted unless challenged and reported bargaining unit prior to the Fire Chief on transfer or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rosterbargaining unit. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 9.01 Seniority for all employees shall be established a defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority List shall continue to accumulate during all paid and unpaid authorized leaves of absence except Union Leave as per sub-article 18.02. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or Arbitration procedure contained in this Collective Agreement; (b) an employee voluntarily leaves the service of the regular members Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without a leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the Fire & Rescue Department, and said list bargaining unit shall be brought up-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station a trial period for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one (1) full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the established promotional rosterpart-time seniority list. Section 3 When 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee refuses employee's status from full-time to a permanent promotion in his/her line of progression, he/she forfeits his/her rights to part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all future promotion, until after all the full-time employees shall have seniority over part-time employees. Part-time employees who have bypassed him/her are considered. Upon written request become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the Citymost senior part-time employee first, he/she may be reinstated and thereafter in decreasing order of seniority, providing the affected employee has the ability to his/her proper place in do the line normal requirements of progression behind those who have bypassed him/herthe job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There (a) The Parties recognize that job opportunity and security shall increase in proportion to length of service. It is therefore agreed that in the cases of vacancy, lay-off and recall after lay-off, the senior employee, as defined in this Agreement, shall be established a Seniority List entitled to preference in accordance with this Article. (b) In recognition, however, of the regular members responsibility of the Fire & Rescue DepartmentEmployer for the efficient operation of the Employer’s business, it is understood and said list agreed that in all cases referred to in paragraph (a) above, management shall have the right to pass over any employee if it is established by the Employer that the employee, after a reasonable period of on-site training if required, could not fulfil the requirements of the job or would not possess the necessary qualifications to fulfil the requirements of the job. 12.02 For the purposes of this Agreement, the following definitions shall apply: (a) a “part-time employee” is one who regularly works twenty-four (24) hours per week or less, unless otherwise provided for in this Agreement; (b) a “full-time employee” is one who regularly works more than twenty- four (24) hours per week; (c) a “floater” is an employee who is not assigned to a posted job and who must be available to: (i) replace employees who are absent; (ii) work special events as defined herein; (iii) temporarily fill vacancies pending posting procedures. (iv) Employees who are regarded as floaters and are assigned full time hours continuously for 13 weeks shall be brought up-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, and a copy of same shall be mailed entitled to the Secretary of the Unionsame benefits as full time employees. This list shall stand approved as posted unless challenged does not apply to students hired for the purpose of summer vacation relief (d) in sub-paragraph (a) and reported to (b) above, the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer number of employees within the Department, seniority shall govern subject to fitness and ability. The determination of hours which an employee's fitness and ability employee “regularly works” shall be the sole right and responsibility average number of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work hours worked in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests previous thirteen (13) week period, which period shall not include weeks not worked due to sickness or an approved leave of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption absence. Employees identified above shall acquire seniority as provided in section 12.05 of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rosterthis Article. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 20.1 Definition of Seniority As used herein, the term "seniority" shall be established defined as the continuous uninterrupted length of service or employment as a Seniority List full-time employee with the Franklin County Engineer's Office. Service as a summer/seasonal employee, or in another position in the County shall not be credited as service. Part- time service in the bargaining unit would be prorated. Employees shall not accrue seniority while on unpaid leaves of the regular members of the Fire & Rescue Department, and said list shall be brought up-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expiredabsence. Section 2 In matters affecting promotion20.2 Application of Seniority "Seniority" shall accrue to all employees covered by this Agreement in accordance with the provisions of this Article. Seniority, demotionas defined in this Article, will apply wherever employee seniority rights are established in the terms and transfer conditions of employees within the Department, seniority shall govern subject to fitness and abilityAgreement. The determination of an employee's fitness and ability criteria for determining the employee with more seniority among two (2) or more employees hired on the same date shall be the sole right and responsibility last four (4) digits of the Cityemployees’ social security numbers; the highest number will be considered the more senior employee. For example, as measured against the employee with the last four digits of 1234 is more senior than the employee with the last four digits of 0989. Section 20.3 Breaks in Service The following considerationsituations shall constitute breaks in continuous service for which seniority is lost: a. Has the physical qualification to do the work(A) Any termination, as prescribed in Section 21 of the Procedural Memorandadischarge, Administrationor removal; b. Has experience related to do the job(B) Retirement; c. Performs the work in the manner required by the City(C) Layoff for more than one year; d. Cooperates with supervisors and observes rules and regulations(D) Failure to return to work within ten (10) calendar days of a recall from layoff; e. Protects (E) Failure to return to work at the property and interests expiration of the Cityleave of absence; f. Reports (F) A resignation or job abandonment; or, (G) Absent without leave for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top more than three (3) candidates working days except in extenuating circumstances as determined by the Employer. Employees absent while on the established promotional rosteran approved, unpaid leave of absence shall not be considered to have a break in continuous service but shall not accrue seniority while on an approved, unpaid leave of absence. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. Section 1 There 9.1 Seniority shall be established defined as the employee’s continuous length of service with the Cooperative. 9.2 Seniority for each regularly paid employee who has been employed as such for six (6) months within a Seniority List period of twelve (12) consecutive months under this Agreement, shall begin as of the regular members first day of employment unless their seniority has been broken as provided in Article 9, Section 4. If an employee’s seniority has been broken and the Fire & Rescue Departmentemployee is re-employed, then and said list shall be brought up-to-date by in that event, the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station employee’s seniority, after having been re- employed for a period of six (6) months within a period of twelve (12) months, shall begin on the first day of re-employment after their most recent loss of seniority hereunder. 9.3 When making a reduction in the number of employees due to lack of work and when rehiring, the following procedure shall govern: a) Employees who have not less than thirty days, and a copy of same established seniority with the Cooperative shall be mailed laid off first. b) Thereafter, employees shall be laid off in the inverse order of their established seniority. c) The foregoing provisions of (a) and (b) need not apply when the application thereof would result in the Cooperative being required to layoff employees possessed of skill essential to properly perform the work available at the time of layoff not possessed by employees having seniority under the Agreement. d) When adding employees, those having established seniority most recently laid off on account of curtailment of work shall be the first among those holding seniority to be re-employed, if available and physically able to return to work, providing they have the qualifications required. 9.4 Seniority shall be deemed to have been broken for the following reasons. a) If the employee resigns. b) If the employee is discharged for just cause and not reinstated. c) If the employee is absent from work without authorized leave except when satisfactory reasons for their absence are given. d) If an employee who has been laid off fails to return to work within three (3) days after being properly notified to report for work and does not give a satisfactory reason for failing to report. e) If an employee is laid off for twenty-four (24) consecutive months, they shall, however, not lose their seniority if said seniority exceeds twenty-four (24) months. In all other cases where an employee is laid off for more than twenty-four (24) consecutive months, the employee shall not lose their seniority unless the employee is laid off for a continuous period equal to the Secretary seniority they had acquired prior thereto. In the event an employee with five (5) or more years of service is laid off in excess of five (5) continuous years, then the Union. This list seniority of such employee shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expiredterminate. Section 2 In matters affecting promotion9.5 The Cooperative will notify the Union of minimum qualifications for key positions or supervisory positions in the bargaining unit in advance. When making promotions and filling vacancies, demotionthe Cooperative will discuss qualifications of applicants with the Union before making a selection, and transfer of employees within but after discussion the DepartmentCooperative will have the sole right to make such selections. If more than one candidate meets the minimum qualifications for a key position, seniority shall govern subject prevail. This does not apply to fitness and ability. The determination of an employee's fitness and ability shall be supervisory positions. a) When vacancies occur or when new positions are created within the sole right and responsibility of bargaining unit, the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has Cooperative will post a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards notice for a period of thirty five (305) days immediately preceding (Saturdays, Sundays and holidays excluded) announcing the position. Employees desiring to be considered shall make written application to Human Resources. When necessary, temporary assignments will be made for the period the position is considered open. b) An employee promoted to a new position and new hires shall be given a reasonable opportunity, not to exceed six (6) months, to demonstrate their qualifications and ability. If an employee does not qualify in a reasonable time, the employee and the Union will be notified of the nature of the disqualification, and the employee shall be returned to the position formerly held. c) Before bids are awarded, employees going from one major classification to another may be required to take a physical examination. The examination will be the same as that administered when new employees are hired and the results will be made known to the Cooperative. The Cooperative will pay for the examination. Said notice . 9.6 An employee who has established seniority, if in the Cooperative’s judgement they can be separated from duty, may be granted a leave of absence upon approval from the Cooperative, and while on such leave, they shall contain sources not forfeit any such seniority they may heretofore have established provided they do not overstay their leave or accept employment elsewhere while on such leave without the approval of questions asked on the written portion. When a permanent promotion is Cooperative. 9.7 Notwithstanding any of the terms hereof, an employee who has been laid off shall deem to have lost all accumulated seniority and all rights to be made, re-employed unless they register with the selection Cooperative either in person or by registered mail at least once each year during the month of December. 9.8 Any written notice to be given under this Agreement shall be from deemed properly given when deposited in the top three (3) candidates on United States Post Office under registered mail addressed to the established promotional rosterlast known address. Section 3 When an 9.9 An employee refuses a permanent promotion who is injured while in his/her line the employ of progressionthe Cooperative shall continue to accumulate seniority and upon recovery, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may shall be reinstated to his/her proper place their former position with full seniority, providing they make application to return to work within five (5) days after they are pronounced recovered by the Cooperative’s physician and they are physically qualified to return to work. 9.10 The Cooperative and the Union may, by mutual agreement, suspend or alter the provisions of this Article in case of mutual desire to provide employment for an employee who has been partially disabled while in the line employ of progression behind those who have bypassed him/herthe Cooperative on or off duty, or while on authorized leave serving in the United States Military Service.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. Section 1 There 1. Strict seniority shall prevail in the layoff, recall, and earning opportunities of employees, provided that skill, ability, and experience in performing scheduled work are relatively equal. In reducing the work force because of lack of work or other legitimate cause, the last employee hired shall be established the first employee laid off and the last employee laid off shall be the first employee rehired, subject to the conditions noted above. When needed, the Transportation Supervisor may select a Seniority List driver(s) to provide new driver training with due consideration being given to seniority in this selection. Posting of this position shall not be required. However, the xxxxxxx shall be notified of the regular members position opening and person selected. If the Transportation Supervisor desires to train new drivers, the individual shall have that right without selecting from the bargaining unit. Section 2. The Board shall provide a list of the Fire & Rescue Department, and said employees arranged in order of their seniority. Such list shall be brought up-to-date by revised as changes occur and shall be made available to the City on or before January 15th Association and individual employees. Within ten (10) days of each year. Said providing the seniority list, any objection to the list shall immediately be posted on bulletin board in each Fire Station for a period filed with the Director of not less than thirty daysTransportation. If no objections are filed, and a copy of same the list shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged final and reported to the Fire Chief on or before the posting period has expiredconclusive. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability3. The determination of an employee's fitness and ability Seniority shall be the sole right and responsibility broken only by discharge or resignation. Leaves of the City, absence may affect seniority as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rosterhereinafter provided. Section 3 When an 4. In the event of layoff, the employee refuses a permanent promotion in his/her line so laid off shall be given two (2) weeks’ notice of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request recall by certified mail to the Cityindividual’s last known address. In the event the employee fails to make oneself available for work at the end of the said two (2) weeks, he/she may the individual shall lose all seniority rights under this Agreement. In the event of layoff, an employee’s seniority will freeze at the level when the layoff occurs. Section 5. Stewards shall be reinstated granted super seniority for purpose of layoff and rehire only. Alternate stewards shall not have super seniority. Section 6. Any employee who is or has been promoted or transferred to his/her proper place a non-unit position shall not accumulate seniority while working in the line non-unit position. If the employee is returned to a bargaining unit classification, the individual shall commence work in a job generally similar to the one held at the time of progression behind those who have bypassed him/herpromotion or transfer and the employee shall maintain the seniority rank held at the time of promotion or transfer out of the unit. Section 7. In the event that two or more drivers are hired on the same date their seniority ranking shall be determined by drawing straws. The drawing of straws shall be conducted by the Association. Once the ranking is determined, there shall be no changes on the list thereafter.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. Section 1 There 21.01 Seniority shall be established a defined as the length of continuous service with the Employer within the bargaining unit. 21.02 Seniority List shall continue to accumulate during all paid and unpaid authorized leaves of the regular members of the Fire & Rescue Departmentabsence, during all layoffs, and said list during all periods of sickness and/or injury. 21.03 An employee shall cease to have seniority rights and their employment status with the Employer shall be brought up-to-date terminated for all purposes if the employee: (a) is duly discharged by the City on Employer and is not reinstated through the Grievance and Arbitration procedure contained in the Agreement; (b) voluntarily quits or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station resigns; (c) has been laid off continuously for a period of fifty-two (52) weeks or is called back to work after a layoff and does not less than thirty days, and return to work within fourteen (14) calendar days of receiving a copy of same shall be mailed letter sent to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administrationtheir last known address; b. Has experience related to do the job; c. Performs the (d) is absent from work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests without an approved leave of the City; f. Reports absence for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top more than three (3) candidates consecutive working days unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Employer shall be considered a satisfactory reason; (e) fails to return to work on the established promotional rostercompletion of an authorized leave of absence unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Employer shall be considered a satisfactory reason. Section 3 When an employee refuses a permanent promotion 21.04 Seniority shall be the governing factor in his/her line all matters of progression, he/she forfeits his/her rights to all future promotion, until awarding of a new full-time position or vacancy, relieving another employee in a higher paying classification and recall after layoff, providing the more senior employee has the ability and qualifications to be able to perform the normal functions of the job. Reverse order of seniority shall apply and be the governing factor in all matters of demotion, layoff and reduction to part-time, providing the employees who have bypassed him/her are considered. Upon written request more senior employee has the ability and qualifications to be able to perform the City, he/she may be reinstated to his/her proper place in normal functions of the line of progression behind those who have bypassed him/herjob.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. Section 1 There 1. Seniority is defined as the total continuous length of service in the bargaining unit since the employee's most recent date of hire with the Employer. Section 2. An employee's seniority shall commence after the completion of the probationary period and shall be established a Seniority List retroactive to the most recent date of the regular members of the Fire & Rescue Department, hire. Section 3. An employee shall lose his/her seniority and said list all rights under this Agreement and shall be brought up-to-date terminated when he/she: a) Quits voluntarily or retires. b) Is discharged for proper cause. c) Exceeds an official leave of absence, unless he/she is unable to notify the Employer prior to such expiration of his/her inability to return to work for reasons satisfactory to the Employer. x) Xxxxx to return to work on recall from layoff within three (3) days after the Employer has sent notice to him/her by certified letter to the last address furnished to the Employer by the City on or before January 15th employee. e) Is absent, except in case of each year. Said list shall immediately be posted on bulletin board in each Fire Station layoff, for three (3) consecutive working days without notifying the Employer. f) Is laid off for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expiredtwelve (12) consecutive months. Section 2 In matters affecting promotion4. When it becomes necessary to lay off employees because of lack of work, demotion, and transfer of employees such layoffs shall be made by seniority within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against job classification in question in the following considerationorder: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration;a) Full time probationary employees. b. Has experience related to do the job;b) Regular part-time employees working less than 15 hours per week. c. Performs the work in the manner required by the City;c) Regular part-time employees working more than 15 hours per week. d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with cod) Full-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rostertime employees. Section 3 When an 5. Recall will be in order of seniority, according to the classes of employees above, with the employee refuses a permanent promotion in his/her line of progression, with the greatest seniority who is qualified for the job being recalled first. It is understood that the employee to be recalled must possess the ability to perform the job he/she forfeits his/her rights to all future promotion, until after all is being recalled to. Section 6. New positions and/or job vacancies shall be offered employees with the employees who have bypassed him/her are consideredgreatest seniority provided the individual has the necessary qualifications and provided further that such individual is the best qualified applicant for the position. Section 7. Upon written request An employee not recalled due to the City, he/she may be reinstated inability to his/her proper place in perform the line job shall remain on the top of progression behind those who have bypassed him/herthe recall list for the remainder of the recall period.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. Section 1 There 10.01 Plant-wide seniority will be recognized and will be based on the length of continuous service with the Company subject to the provisions hereinafter set forth. 10.02 In determining length of service for the purpose of seniority: Company-approved absence from the Company service for less than a year shall be established a Seniority List disregarded; absence in excess of one (1) year shall be deducted from the length of continuous service with the Company. Absence for more than two (2) years shall forfeit all seniority previously established. 10.03 The only exception to this method of determining length of service shall be leave of absence in writing granted by an Official of the regular members Company or illness attested by a physician’s certificate giving an updated prognosis every six (6) months or sooner (if required) after two (2) years of absence or the Fire & Rescue Department, and said list employee will be removed from the seniority list. 10.04 Seniority as defined in paragraph two (2) above shall be brought up-to-date by broken for the City on following reasons: (a) If the employee quits or before January 15th of each year. Said list resigns (b) If the employee is discharged and the discharge is not reversed through the grievance machinery procedure. (c) If any employee is absent more than three (3) consecutive normal working days without notice, it shall immediately be posted on bulletin board in each Fire Station considered the employee has quit unless the employee can provide an excuse acceptable to the Company. (d) If an employee is laid off, he/she shall retain his/her full right to recall for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional roster. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated time equivalent to his/her proper place attained seniority up to a maximum of two (2) years from the date of lay-off, at which time he/she will cease to have any seniority rights or any rights under this Collective Agreement. 10.05 The Company agrees to revise and post the Seniority and Service lists each month on the bulletin board. If a clerical error occurs, and is not brought to the Company’s attention, the Company shall not be held liable for action taken in the line use of progression behind those who have bypassed him/herthe list, until such time as the error has been brought to their attention by the Union or the employee affected. (a) In the event of a lay-off or the recall from lay-off, seniority shall be applied providing the employees affected are qualified to perform the work required. An employee is qualified to perform the work required if that employee has successfully completed the training program provided by the Employer and required for the particular job within a job level. It is recognized that the Company may direct employees to any available job. In the event of a permanent lay-off, laid off employees will be permitted to qualify for work according to their seniority. (b) Employees moving to a lower Job Level will be paid at the Job rate in the lower Job Level to which they may apply their total seniority with the Company. (c) Employees moving to a higher-rated Job Level will be paid at the wage rate in that Job Level and shall be based on the employees’ total number of days worked at all job levels.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Section 1 There 10.1 For all purposes, including bidding on schedules; scheduling vacation; and claiming overtime shifts 'seniority' shall be established determined by the date of hire in to a Seniority List regular full time position. 10.2 All regular full time employees shall be considered as probationary employees for the first ninety (90) calendar days of employment. During such probationary period, they will have no seniority rights. Upon completion of their probationary period, their seniority shall date back to the date of hire into the regular full time position. The layoff of any probationary employees shall be deemed to have been done in accordance with the Collective Agreement and no arbitrator or Board of Arbitration shall have any jurisdiction to change, alter, or modify the layoff of such employees. The dismissal of any probationary employee shall be deemed to have been for just cause, and no arbitrator or Board of Arbitration shall have any jurisdiction to alter, modify, or amend the discharge. The term "seniority employee" as used in this Agreement shall be deemed to mean an employee who has completed their probationary period. . 10.3 A seniority list will be posted at base every six (6) months and a copy forwarded to the Local Union Office and to the Union Xxxxxxx. 10.4 An employee shall lose their seniority and shall be deemed to have terminated his employment for the following reasons: a) if the employee quits; b) if the employee is discharged and such discharge is not reversed through the grievance procedure; c) if he fails to notify the Employer of intention to resume work for the Employer within five working days following the date of the regular members written notice of recall from the Employer sent by registered mail to the employee's last known address,. and communicated by telephone by way of a call placed to the telephone number of the Fire & Rescue Departmentemployee as recorded on the Employer's records, or fails to report to work within five (5) working dates from such notification except for reasons satisfactory to the Employer; d) if he overstays a leave of absence or vacation without cause acceptable to the Employer or is absent from work on unsubstantiated sick leave for greater than three (3) days; e) if he absents himself for two (2) consecutive working days without notifying the Employer, unless reason satisfactory to the Employer isgiven for both the absence and said list shall be brought up-to-date by the City on or before January 15th lack of each year. Said list shall immediately be posted on bulletin board in each Fire Station notification; f) if the employee is not at active work for whatever reasons for a period of not less six (6) months, other than thirty daysa reason which constitutes a handicap as contemplated by the Ontario Human Rights Code. However, and a copy for purposes of same recall rights, part- time employees shall be mailed entitled to be recalled for a period up to six (6) months and full-time employees shall be entitled to be recalled for a period up to twelve {12) months, from the Secretary date of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expiredtheir lay off. Section 2 g) if an employee uses a leave of absence for a purpose other than that for which the leave was granted; h) if an employee is retired. 10.5 In matters affecting promotionthe event there is a reduction inthe number of bargaining unit employees, demotion, and transfer of employees within the Department, seniority layoffs shall govern subject to fitness and ability. The determination of an employee's fitness be conducted based on work performance and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the required work, as prescribed .Where in Section 21 the opinion of the Procedural Memoranda, Administration; b. Has experience related Employer work performance and ability to do the job; c. Performs job are relatively equal, then the work in employee with greatest seniority will be the manner required by last to be laid off. Recall shall be on the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests basis of the City; f. Reports employee with the greatest seniority having the first opportunity for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked recall based on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rosterabove factors. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Section 1 There shall be established a Seniority List of 1: Communications dispatchers hired into the regular members of the Fire & Rescue Department, and said list shall be brought up-to-date by the City bargaining unit on or before January 15th the effective date of each yearthe RY FY 2001 contract, seniority shall be defined as length of consecutive service to the town. Said list Otherwise, except for longevity and vacation, seniority shall immediately be posted on bulletin board the length of service in each Fire Station the bargaining unit. Section 2: Seniority shall accumulate during the first twelve (12) months of an absence due to illness, injury, layoff for lack of work or funds, or other authorized leave of absence. Section 3: In the event it becomes necessary to lay off employees, the principle of seniority shall control classification. The least senior employee in the job classification affected by the layoff shall be the first laid off. Such employee due to be laid off shall have the right to bump other employees in the lower classification having less seniority, provided the employee retained has the ability to do the work. Section 4: Seniority shall be broken when an employee (a) resigns, (b) retires, (c) is discharged, (d) is unable or otherwise fails to return to work at the expiration of an authorized leave of absence, (e) is laid off for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary time in excess of the Union. This list shall stand approved as posted unless challenged and reported length of service held at time of layoff, (f) fails to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees return to work within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of five (5) working days following receipt of notice of recall, or (g) is absent for more than three (3) days without notice to the town of the reason for absence. It is agreed that an employee may refuse recall to a temporary position which will not last for more than thirty (30) working days immediately preceding without loss of seniority or recall rights. Section 5: An employee whose seniority is broken under provisions of Section 4 (e) of this Article will be accorded preference for rehire in the examination. Said notice shall contain sources of questions asked on event an opening occurs in the written portion. When a permanent promotion is to be madeposition from which the employee was laid off, the selection shall be from the top or in any other position which such individual can perform, provided such opening occurs within three (3) candidates on years of the established promotional rosterdate the employee was terminated and further provided such opening is not filled by a bargaining unit employee in accordance with the Job Posting and Bidding provisions of this Agreement. Section 3 When an 6: A newly hired employee refuses shall be considered a permanent promotion probationary employee for the first six months of this employment. A probationary employee may be discharged as exclusively determined by the town and no such discharge of a probationary employee may be made the subject matter of the grievance or arbitration provisions of this Agreement. A probationary employee who is continued in his/her line the employ of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request town beyond the probationary period shall receive continuous service or employment credit from his most recent date of hire to the City, he/she may be reinstated to his/her proper place position in the line bargaining unit. A non-probationary employee shall be entitled to cause if the employee is to be disciplined or discharged. Section 7: The principles of, first, the town’s exclusive judgementjudgment of progression behind those who have bypassed him/herthe employee’s skill, ability, performance and experience, and second, seniority, shall control in the filling of vacancies. The employee so promoted or transferred shall be on trial for the first ninety (90) days, but the town may, at any time within that period, if the town determines that the Employee is not suitable for the job, return him to his former job or a comparable position of like status and pay. Section 8: Employees with an identical seniority date shall at the implementation of this Agreement draw lots to determine relative seniority dates for shift bids and vacation preference. This seniority shall rotate each six months. Shifts shall be bid as six-month assignments and shall be bid in January and July in each year.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. Section 1 There (a) For employees who were in the bargaining units on September 4, 2001 and who transferred from the federal government on May 1, 2001, seniority shall mean length of service with the FIAA and length of continuous service with the federal government prior to the date of transfer. (b) For all other employees, seniority means length of service in the bargaining unit. (c) Seniority shall be established a Seniority List upon completion of the regular members probationary period and shall commence from the date of hire. 36.02 Seniority shall be the determining factor in cases of conflict for the selection of vacation periods (subject to the provisions of Article 25, Vacation). With respect to the selection of vacation periods only, those sections having a selection system in place are exempted from the application of this clause and will retain their current selection system. 36.03 When two or more employees commence work on the same day the procedure for establishing their relative seniority shall be as follows: (a) the employee who commenced work at the earliest hour of the Fire & Rescue Department, and said list day shall be brought up-to-senior; (b) if a) fails to resolve the order of seniority then, seniority shall be established by placing the names of the concerned employees on paper in a container (hat) and then selected at random by concerned employees in the presence of a representative of PSAC. (a) Seniority lists as described above consisting of the name and date of seniority of each employee shall be maintained and revised annually by the City on or before January 15th of each year. Said list shall immediately be FIAA and posted on bulletin board boards with a copy forwarded to the President of the Union local. (b) An employee who feels that they are improperly placed on a seniority list shall have sixty (60) days from the posting date to file a grievance in each Fire Station accordance with the grievance procedure in this agreement. (a) Employees temporarily appointed or on an acting assignment outside the bargaining units shall retain and accumulate seniority for a period of not less than thirty days, to exceed 120 days unless otherwise agreed and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, retain that seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period not to exceed one year from the date of appointment /assignment. (b) No employees shall be transferred to a position outside the bargaining unit without their consent. 36.06 An employee who resigns his or her position and within thirty (30) days immediately preceding is reemployed within the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection bargaining unit shall be from granted leave of absence without pay covering those days absent and shall retain all previous rights in relation to seniority and benefits contained in this Agreement. The FIAA may require the top three (3) candidates on employee to pay both the established promotional rosterEmployer and employee shares of the benefit costs for this period of absence. Reinstatement of coverage will be consistent with the express provisions of all benefit plans including pension. Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Section 1 There 1. An employee’s seniority shall be established a computed from the time of their employment. However, the employee shall be on probation for ninety (90) days following the date of their employment, during which time the employee shall have no rights accorded by Articles III (solely disciplinary and/or discharge matters), IV, and V of this Agreement. Section 2. Seniority List shall be broken upon termination, termination for just cause, or absence from work for illness or accident (other than industrial accident) for six months. In the event an employee is unable to work due to illness, accident, emergencies or leaves of absence, such employee shall be reinstated at such time as the employee is able to resume work provided such employee has properly notified the Employer at the time their accident, illness, emergency or leave of absence has occurred and falls within the time lines of the regular members of the Fire & Rescue Department, and said list above paragraph. Employees shall be brought up-to-date granted leaves of absence for good cause. An employee shall not qualify for a leave of absence until six (6) months after his seniority date. An employee who is off a job because of injury or illness covered by Workers' Compensation and who is able to return to the City on classification held at the time the injury or before January 15th illness was sustained shall be reinstated to their former job. An employee who is off the job because of each year. Said list injury or illness covered by Workers' Compensation and who is unable because of disability to return to their former classification but is able to perform some bargaining unit work, shall immediately be posted on bulletin board in each Fire Station reinstated as follows: The employee shall be reinstated to any bargaining unit work such employee is able to perform for a period of not one hundred eighty (180) days from the date of illness or injury and shall have the privilege of bumping a less than thirty senior employee. From one hundred eighty one (181) days through three hundred sixty five (365) days, and a copy of same the employee shall retain full seniority rights, less bumping. After three hundred sixty five (365) days, the employee shall be mailed re-employed when available bargaining unit work occurs in preference to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expirednew hires. Section 2 3. In matters affecting promotionthe event of reduction and restoration of work force, demotion, and transfer of employees within the Department, plant seniority shall govern subject prevail unless there is a demonstrable difference in ability and competence. Departmental seniority shall prevail in preference over the greater number of hours of work. Additionally, the Employer shall make a reasonable effort to fitness transfer a less senior employee who is qualified to perform the job, when an involuntary transfer to a different department is required due to daily fluctuations in work levels. For purposes of this Article, the term department in a laundry shall mean any one of the following: Counting, wash and abilitytumble, garment finishing, flat finishing, distribution, salvage, stock and mending department. Section 4. The determination Employer will maintain a job transfer book for employees that are interested in changing jobs. Interested employees may sign their names and indicate which jobs they are interested in transferring to when an opening occurs. An applicant signing up for job transfer must meet the qualifications for the job. Qualifications shall be determined by competence, general ability and seniority. The Employer for the purpose of an employee's fitness and ability this Section shall be the sole right judge of competency and responsibility of the Citygeneral ability, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed provided such judgment is made in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors good faith and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on the established promotional rosternot arbitrary. Section 3 When an employee refuses a permanent promotion 5. At the request of the Union and upon at least ten (10) days’ written notice, employees shall be granted up to fifteen (15) working days leave of absence for purpose of Union activities, including attending the International Convention, not to exceed five (5) calendar days, once every four (4) years, regional meetings, not to exceed two (2) calendar days, two (2) times each year, trust activities, and/or for participation in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are consideredcommunity activities. Upon written request Each year this leave shall be in addition to the Cityleaves provided for in Section 2. This leave shall be limited to a maximum of one (1) employee at this plant at any time, he/she unless the Employer, in its sole discretion, grants leave to additional employees. Such leave may be reinstated to his/her proper place in extended by mutual agreement of the line of progression behind those who have bypassed him/herparties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. Section 1 There 10.01 Indefinite layoffs (more than thirty (30) consecutive working days) or recall to work shall be established governed by length of service. Employees recalled from such layoffs, up to a Seniority List period of the regular members of the Fire & Rescue Departmentone (1) year, and said list shall be brought up-to-date by entitled to their previous job or a similar job with the City on right to accept or before January 15th decline another job. 10.02 A temporary suspension of each year. Said list shall immediately be posted on bulletin board in each Fire Station work within the plant or within departments for a period of not less than thirty daystwenty (20) working days or less, arising from situations such as Acts of God, breakdowns, and lack of material or other emergencies beyond the Employer's control shall not be considered a copy layoff for the purposes of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expiredthis Article. Section 2 In matters affecting promotion, demotion, and transfer 10.03 A temporary suspension of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) consecutive working days immediately preceding or less shall not be considered a layoff for purposes of this article. Management will determine the examination. Said notice shall contain sources employees required during these periods, based on skill and ability, regardless of questions asked on the written portion. When a permanent promotion is seniority. 10.04 No new employees are to be madehired for a job or operation while employees on such job or operation are on layoff or short time. 10.05 In the event of a lay-off, no agency personnel are to perform bargaining unit work. 10.06 An employee on Workers' Compensation (WCB) as a result of an injury or occupational illness shall continue to accumulate plant-wide seniority during the selection period of recovery. 10.07 An employee who is on sick leave shall continue to accumulate plant- wide seniority during the period of recovery from such illness. 10.08 An employee shall lose his seniority and employment status and his name shall be removed from the top three seniority list for any of the following reasons: 1) The employee voluntarily quits his job and does not return within twenty-four (24) hours. 2) The employee is discharged for just cause and is not reinstated in accordance with the provisions of this Agreement. 3) candidates on The employee fails to return to work following a layoff or fails to make satisfactory arrangements within five (5) working days after personal or written notification by registered mail, telegraph or messenger sent by the established promotional rosterEmployer with written notice to his last known address. Section 3 When 4) The employee is absent for two (2) consecutive working days without notifying or offering reasonable explanation of his absence. The employee will make every effort to notify his supervisor (or designate) as soon as possible for every absence or projected absence. 5) If the employee overstays a leave of absence without providing a reasonable explanation for his absence. 6) An employee who has been on layoff due to lack of work and is not recalled by the Employer within the following schedule: 7) If an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/her.is absent from work for any reason for more than two

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Section 1 There 10.01 Seniority, as referred to in this Agreement, shall mean length of continuous service in the employ of the Company from the most recent date of hiring. 10.02 An employee will be considered on probation until the completion of sixty (60) days of actual work and shall have no seniority rights during that period. On completion of his probationary period, an employee shall be established credited with seniority dating back to his last date of hire. The dismissal, discipline, lay-off or failure to recall after lay-off of a Seniority List probationary employee shall be effected at the sole discretion of the regular members Company. The Company agrees that it shall not act in an arbitrary manner in making such decisions. (a) Lay-offs shall be by reverse order of seniority and classification. (b) Employees shall be recalled after layoff in order of seniority. (c) Promotions within the bargaining unit shall be based upon the following factors: (i) skill and ability; (ii) efficiency; and (iii) competence. Where, in the judgment of the Fire & Rescue DepartmentCompany, the qualifications in factors (i) through to and said list including (iii) are relatively equal, seniority shall govern. 10.04 It shall be brought upthe duty of the employee or laid-tooff person to notify the Company office promptly of any change of address or telephone number. If an employee or laid-date off person should fail to do this, the Company will not be responsible for the failure of a notice to reach him and any notice sent by the City Company by registered mail to the address which appears on the Company's personnel records and/or a telephone call to the telephone number which appears on the Company's personnel records, shall be conclusively deemed to have been received by the employee or before January 15th of each year. Said list laid-off person. 10.05 Seniority shall immediately be posted accumulate in the following circumstances only: (a) When actually at work for the Company; (b) When absent on bulletin board vacation or on paid holidays; (c) When off the payroll for any reason, in each Fire Station which case seniority will continue to accumulate for a period of time equal to twelve (12) months or the length of the employee's seniority whichever is shorter; and (d) When absent from active employment due to personal leave of absence, then seniority will continue to accumulate for the approved period of such leave. 10.06 Seniority shall terminate and an employee shall cease to be employed by the Company when he: (i) voluntarily quits his employment with the Company; (ii) is discharged and is not less than thirty daysreinstated through the grievance procedure or arbitration; (iii) is absent from active employment for a continuous period in excess of twelve (12) months or the length of the employee's seniority whichever is shorter; (iv) fails to report for work within seven (7) working days after delivery at his last known address by registered mail, and of notice of recall from the Company following a copy lay-off; (v) fails to return to work immediately after the expiration of same shall be mailed a leave of absence unless a reason acceptable to the Secretary Company is given; or (vi) accepts or performs gainful employment while on a leave of absence, without first obtaining the consent of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expiredCompany in writing. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an 10.07 Any employee's fitness and ability shall be the sole right and responsibility reinstatement after sick leave of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates days or more or in circumstances where there has been a pattern of incidental absence due to sickness will be conditional on his supplying, when requested, a certificate from a physician that he is able to perform the established promotional roster. Section 3 When duties of the position to be filled. In any event, the Company may, at any time, request that an employee refuses attend at a permanent promotion in his/her line physician(s) of progressionthe Company's choosing for purposes of a medical examination. When such request is made of an employee, he/she forfeits his/her rights it shall be complied with provided the employee is physically able to all future promotionso attend. The Company shall pay the medical fees and lost time, until after all the employees who have bypassed him/her are considered. Upon written request to the Cityif any, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/herarising from such examination.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Section 1 There A. Seniority shall accrue to permanent full-time Employees and shall be established based upon total continuous service in a Seniority List classification represented by this Agreement. Approved leaves of absence without pay and layoffs shall not be cause for loss of seniority. Provided, however, such laid off Employees or Employees on leave without pay shall not accrue seniority during the actual period of layoff or leave. B. Each new Public Safety Officer, upon the completion of his/her probationary period, which shall not be less than one (1) year in duration, shall be placed on the seniority list. Public Safety Officers who are sponsored by the department to attend a Basic Police Training Program approved by the Michigan Commission on Law Enforcement Standards, shall accrue seniority from the swearing in date following completion of the regular members academy. C. Seniority shall terminate if any Employee: 1. Quits or retires. Provided, however, that with respect to an Employee who quits, this provision shall not apply to whatever rights such Employee has heretofore enjoyed in connection with the Pension Plan upon reemployment. 2. Is discharged for just cause, including, but not limited to, any violation of the Fire & Rescue Department, Rules and said list shall be brought up-to-date by Regulations of the City on Public Safety Department and the provisions of this Agreement. 3. If he/she is absent for two (2) consecutive work days without notifying the University or before January 15th having a justifiable reason for his/her absence. 4. Gives a false reason to obtain a leave or if he/she fails to return to work upon termination of each yearany leave of absence or vacation. 5. Said list shall immediately be posted on bulletin board in each Fire Station If he/she is laid off for a period equal to his/her seniority at the time of not less layoff, or two (2) years, whichever is the lesser. 6. Separation upon settlement covering total disability or Workers' Compensation. 7. Failure to return to work when recalled from layoff, later than thirty daysten (10) business days after issuance of recall notice. D. If an Employee serving in a non-represented capacity within the Department of Public Safety reverts to a former assignment within the Bargaining Unit, and a copy of same he/she shall be mailed to have seniority rights reinstated on the Secretary basis of the seniority earned while serving in classifications represented by the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility E. Any Employee who is promoted or transferred out of the City, Department of Public Safety but continues as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 an Employee of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination University shall be posted on all Department bulletin boards retain his/her earned Departmental seniority for a period equal to his/her seniority at the time of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top or transfer or three (3) candidates on years, whichever is less, in the established promotional roster. Section 3 When an employee refuses a permanent promotion in his/her line of progression, event he/she forfeits his/her rights to all future promotion, until after all is returned by the employees who have bypassed him/her are considered. Upon written request University to the City, he/she may be reinstated Department of Public Safety. This shall apply to his/her proper place in the line of progression behind those who have bypassed him/herfuture promotions or transfers.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. Section 1 There 9.01 Seniority for all employees shall be established a defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority List shall continue to accumulate during all paid and unpaid authorized leaves of absence except union leave as per Article 18.02. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and the employee is not reinstated through use of the regular members grievance procedure; (b) an employee voluntarily leaves the service of the Fire & Rescue DepartmentCo-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without a leave of absence for more than three (3) consecutive working days unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and said list when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be brought upthe governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-to-date by time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the City bargaining unit shall be on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station a trial period for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates calendar months. If the employee is not successful in his or her new position, or if the employee decides to return to his or her former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the established promotional rosterpart-time seniority list. Section 3 When 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee refuses employee's status from full-time to a permanent promotion in his/her line of progression, he/she forfeits his/her rights to part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all future promotion, until after all the full-time employees shall have seniority over part-time employees. Part-time employees who have bypassed him/her are considered. Upon written request become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the Citymost senior part-time employee first, he/she may be reinstated and thereafter in decreasing order of seniority, providing the affected employee has the ability to his/her proper place in do the line normal requirements of progression behind those who have bypassed him/herthe job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. Section 1 There 11:01 An employee will be considered on probation until after he has completed forty-five (45) days of work in the full-time bargaining unit within any twelve (12) calendar months. Upon completion of such probationary period, the employee's name will be placed on the appropriate seniority list with seniority dating from the date he was last hired by the Employer. Notwithstanding anything in this Agreement, a probationary employee may be discharged at the sole discretion of and for any reason satisfactory to the Employer and the discharge of a probationary employee shall not be subject to the Grievance or Arbitration Procedures. 11:02 In cases of promotion and demotion (other than appointments to positions outside the scope of the bargaining unit), the following factors shall be established a Seniority List considered: (a) skill, qualifications, ability and experience; (b) seniority. Where factors in (a) are equal, seniority shall govern provided that the employee in question has the qualifications to perform the work available and required. 11:03 The seniority list will be compiled and posted on the Union Bulletin Board semi-annually in the months of the regular members of the Fire & Rescue Department, March and said list shall be brought up-to-date by the City on or before January 15th September of each year. Said A copy of the seniority list will be forwarded to the Union office in London. Seniority as compiled and posted shall immediately be posted on bulletin board in each Fire Station deemed to be final and not subject to complaint unless such complaint is made within thirty (30) calendar days from the current date of posting. 11:04 An employee shall lose all service and shall be deemed to have terminated if he: (a) resigns; (b) is retired; (c) is discharged and not reinstated through the Grievance and Arbitration Procedure; (d) has been laid off for the lesser of his length of seniority or twenty-four (24) consecutive calendar months; (e) is absent from scheduled work for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of employees within the Department, seniority shall govern subject to fitness and ability. The determination of an employee's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration: a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the City; d. Cooperates with supervisors and observes rules and regulations; e. Protects the property and interests of the City; f. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (30) days immediately preceding the examination. Said notice shall contain sources of questions asked on the written portion. When a permanent promotion is to be made, the selection shall be from the top three (3) candidates on or more consecutive working days without notifying the established promotional rosterEmployer of such absence and providing a reason satisfactory to the Employer, and failure to notify was not due to circumstances within the employee's control; (f) fails to return to work upon the expiration of a leave of absence, for reasons within the employee's control, or utilizes a leave of absence for a purpose other than that for which it was granted unless excused by the Employer in writing: (g) fails upon being notified of a recall to signify his intention to return within three (3) calendar days after he has received the notice of recall mailed by registered mail to the last known address according to the records of the Employer and fails to report to work within seven (7) calendar days after he has received the notice of recall or such further period of time as may be agreed upon by the Parties. Section 3 When an 11:05 It is employee's responsibility to ensure that his home address and telephone number are current at all times. If the employee refuses a permanent promotion in his/her line of progressionfails to do this, he/she forfeits his/her rights the Employer will not be responsible for failure to all future promotion, until after all the employees who have bypassed him/her are considered. Upon written request to the City, he/she may be reinstated to his/her proper place in the line of progression behind those who have bypassed him/hernotify.

Appears in 1 contract

Samples: Collective Agreement

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