Common use of SENIORITY Clause in Contracts

SENIORITY. 14.01 The seniority of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons. (a) he/she quits his/her employment; (b) he/she retires; (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.

Appears in 12 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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SENIORITY. 14.01 The seniority of an 12.01 An employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of on probation for ninety (90) calendar days worked from the date of the employee's last hire. During such period the employee may be dismissed if the employee is unable to perform adequately the work for full- time and four hundred and eighty-seven and one half (487.5) hours worked which the employee is employed or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementis otherwise unsuitable. 14.02 The seniority 12.02 For the purpose of this Agreement an employee shall be lost and his/her employment automatically terminated for any of the following reasons.employee's (a) he/she quits his/her employmentBargaining unit "seniority" (other than that of a probationary employee) shall commence with the date of the employee's most recent hiring (other than as a result of a recall after a layoff) by the Board and shall be maintained and accumulated so long as the employee remains in the employ of the Board in the bargaining unit during: (i) a layoff within any period during which the employee was entitled to be recalled; (ii) any sickness or accident; and (iii) any leave of absence. (b) he/she retires;When a probationary employee completes the probationary period the employee shall be entered on the seniority list and shall rank seniority from the date the employee was last hired. (c) he/she A loss in seniority shall be deemed to have occurred if an individual employed by the Board: (i) quits; (ii) is discharged for just cause and is not reinstatedreinstated by reason of the grievance procedure; (diii) he/she does is laid off beyond the period during which the employee was entitled to be recalled; or (iv) fails following a layoff, unless the employee exercises the right to refuse such work as provided in section 12.07, to notify the Board within fourteen (14) days of the Board sending the employee a notice to return to work of the employee's intention to return or fails to report for work on the date and at the time specified in such notice, which date is not perform work for the Company for a period of twelve sooner than said fourteen (1214) months in the case of lay-offdays; (ev) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three a period of seven (37) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentdays.

Appears in 6 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 14.01 The seniority 11.01 Seniority shall mean the length of an employee shall employee's continuous service with the Company since his or her most recent date of hire. 11.02 The “date of hire” of a Maintenance Employee who is an applicant for a position under the Collective Agreement that is not a Maintenance Employee position will be defined as length of uninterrupted service since August 19, 2020 or, if the last Maintenance Employee is hired by the Company following August 19, 2020, their date of hire with by the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes firstFor greater certainty, for part- time. Seniority rights will all other purposes, Article 11.01 of the Collective Agreement shall apply only with respect to the extent expressly provided in this agreementMaintenance Employees. 14.02 The seniority of an employee 11.03 An employee's continuous service with the Company shall be deemed to be broken and his or her seniority lost and his/her employment automatically with the Company terminated for any of all purposes if the following reasons.employee: (a) he/she quits his/her employment;quits; or (b) he/she retires; (c) he/she is discharged by the Company for just cause and is not reinstated;reinstated through the grievance and arbitration procedure contained in this Agreement; or (dc) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless without an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such authorized leave of absence or vacation from the Sales Manager without notifying his or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;her immediate supervisor; or (hd) if an employee who is recalled to work laid off for a period longer than twelve (12) months; or (e) fails to return within ten (10) calendar days of mailing of report for work after notification to return. Such mailing shall be his or her last known address by registered mail to when recalled following a layoff, the last address of onus being on the employee that to keep the Company has in its files for advised of his or her current address, except only that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that where the employee is able unable to return report for work after such notification because he or she must give one (1) pay period's notice of termination of employment to his/her job provided another employer and he or she must work for that other employer during the said notice period, then such employee shall notify the Company has met its obligations as soon as possible of his or her inability to accommodate report for work for those reasons and such employee shall report for work immediately upon the employee under expiry of the said notice period, failing any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.which this Article

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Union Collective Agreement

SENIORITY. 14.01 The seniority of an employee (a) Seniority shall be defined as the length of uninterrupted continuous service in the bargaining unit since the last employee's latest date of hire and providing the employee has completed their probationary period. (b) 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 (work location) 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) 13.02 Seniority shall continue to accumulate during all paid and unpaid (up to fifty-two (52) weeks) authorized leaves of absence, during all layoffs, and during all periods of sickness and/or injury. 13.03 An employee shall cease to have seniority rights and their employment status with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee Employer shall be lost and his/her employment automatically terminated for any of all purposes if the following reasons.employee: (a) he/she quits his/her employmentis duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Agreement; (b) he/she retiresresigns; (c) he/she has been laid off continuously for a period of fifty-two (52) weeks or is discharged for just cause called back to work after a layoff and is does not reinstatedreturn to work within fourteen (14) calendar days or does not respond in writing within seven (7) calendar days of receiving a registered letter sent to their last known address; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission an approved leave of absence for more than three two (32) consecutive scheduled working days unless an explanation a satisfactory to the Company reason is given by the employee;. Bona fide sickness and/or inability to communicate with the Employer shall be considered a satisfactory reason; or (ge) if fails to return to work on the completion of an employee overstays a vacation or authorized leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation a satisfactory to the Company reason is given by the employee; (h) if an employee who is recalled . Bona fide sickness and/or inability to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing communicate with the Employer shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes considered a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentsatisfactory reason.

Appears in 5 contracts

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

SENIORITY. 14.01 The seniority of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her his employment automatically terminated for any of the following reasons. (a) he/she he quits his/her his employment; (b) he/she retireshe is retired; (c) he/she he is discharged for just cause and is not reinstated; (d) he/she he does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she he does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she he is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she he fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislationhis job. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources DepartmentManager.

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 14.01 12.01 The term "seniority", as used herein, shall mean accumulated service, as calculated from the date specified in Article 11.01. 12.02 In the case of equality in seniority of an employee ranking, seniority shall be defined as length determined by the alphabetical order of uninterrupted service since the employee's last date of hire names. 12.03 An employee will lose his seniority and his employment with the Company. Seniority shall only Company will be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.: (a) he/she quits his/her employment;if he quits, (b) he/she retires;if he is discharged and not reinstated through the grievance procedure, (c) he/she if the employee is discharged absent without Company approved leave of absence, for just cause and is not reinstated;more than two (2) consecutive working days, without a reasonable explanation, (d) he/she does not perform an employee who has been laid off and fails to return to work for five (5) working days of being notified to return to work by registered mail to his last address on record. It shall be the responsibility of the employee who is laid off to leave a current address and telephone number with the Company for a period of twelve (12) months in the case of lay-offas to where he may be contacted; (e) he/she does not perform work if he fails to return from a leave of absence, unless prevented from doing so for unavoidable reasons or if he takes employment other than declared and agreed upon when applying for the Company for a period leave of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislationabsence; (f) he/she is absent from if an employee has been off work without permission for more any reason, other than three (3) illness or injury, for the lesser of the accumulated seniority at the time the absence commenced or 24 consecutive working days unless an explanation satisfactory to the Company is given by the employeemonths; (g) if an employee overstays has been off work by reason of illness or injury for 24 consecutive months. 12.04 The Company will provide the Union with revised seniority lists annually. A copy shall be posted on the union's bulletin board. 12.05 Absence due to a vacation bona fide illness or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to injury shall not be cause for discharge providing the Company is given by the employee; (h) if an notified of such illness or injury as early as possible. The employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that notify the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee when he is able to return to his/her job provided that work and shall be assigned the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes next available dispatch in their address to the Human Resources Departmentline with his seniority.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 14.01 The seniority of an employee 15.01 Seniority as referred to in this Agreement shall be defined as mean length of uninterrupted continuous service since in the last employ of the Company from the most recent date of hire with and shall be on a plant wide basis. 15.02 An employee will be considered probationary for the Company. Seniority shall only be credited upon the completion of a probationary period of first ninety (90) calendar days and will have no seniority rights during that period. Any work days absent due to any reason whatsoever shall be added to the employee’s probationary period. The Association recognized the Company’s right to terminate a probationary employee for full- time a lesser reason then that which would apply to an employee who has seniority and four hundred the dismissal of such probationary employee shall be at the sole discretion of the Company. After an employee has completed the probationary period, he shall acquire seniority which shall date back to his most recent date of hire. 15.03 An employee shall lose all seniority rights and eightyshall be terminated in any of the following circumstances: a) Quits for any reason, or retired at sixty-seven five (65) years of age. b) Is given a disciplinary discharge and one half (487.5not reinstated through the Grievance or Arbitration Procedure. c) hours worked or Has been on lay-off for more than six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons. (a) he/she quits his/her employment; (b) he/she retires; (c) he/she is discharged for just cause and is or has not reinstated; (d) he/she does not perform performed work for the Company during any six (6) month period or the length of the employee’s seniority whichever is shorter. d) Fails to report for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than within three (3) consecutive working days unless an explanation satisfactory after being notified by the company by registered mail following a lay-off or fails to inform the Company within two (2) working-days of recall that he will report to work both time limits from the time of receipt of notice according to the normal course of the mails. It shall be the responsibility of the employee to ensure that the Company is given records indicate his correct address at all times. The Company shall be saved harmless from any notice not received from the employee when such notice has been mailed or otherwise delivered by the employee;’s address shown on the Company records. (ge) if Fails to return to work upon termination of an employee overstays a vacation or authorized leave of absence without securing the extension of such leave of absence absence, or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it the leave of absence was granted;. f) The employee is absent from work for two (j2) he/she fails to return to work immediately after consecutive working-days without notifying the Company and providing an explanation satisfactory to the Company. g) An employee who is laid-off and becomes eligible to collect termination pay within the meaning of the Employment Standards Act and agrees in writing to accept the termination pay. 15.04 An employee shall accumulate seniority under any of the following conditions: a) While he is at work for the Company, after he has been notified completed his probationary period as set out in section 15.02. b) During any period when he is prevented from performing his work for the Company by a doctor or reason of injury arising out of and in the course of his employment for the Company and for which he is receiving compensation under the provisions of the Workplace Safety and Insurance Board that Act for a period of time up to twelve (12) months or the length of the employee’s seniority whichever is shorter. 15.05 Seniority lists will be revised at least every six (6) months. A copy of the list will be posted on the plant bulletin board and a copy mailed to the Association. The Company will not be responsible for errors for action taken on the basis of the posted seniority list unless the employee is able to return to his/her job provided that has notified the Company has met its obligations of such error within five (5) working-days of the posting of the list. 15.06 In the event that an employee covered by this Agreement should be promoted to accommodate a supervisory or confidential position beyond the employee under any applicable legislationscope of the Agreement, he shall retain his accumulated seniority for not more than six (6) month period from the date of appointment. It will Following the expiry of the preceding limits, the employee’s name shall be deleted from the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentseniority list.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 14.01 The seniority of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- full-time and four hundred and eighty-seven and one half (487.54872) hours worked or six (6) months, whichever comes first, for part- part-time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her his employment automatically terminated for any of the following reasons. (a) he/she he quits his/her his employment; (b) he/she retireshe is retired; (c) he/she he is discharged for just cause and is not reinstated; (d) he/she he does not perform work for the Company for a period of twelve six (126) months in the case of lay-off; (e) he/she does not perform work off or for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislationreason; (fe) he/she he is absent from work without permission for more than three two (32) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (gf) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager Supervisor or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (hg) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (ih) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (jI) he/she he fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Workers' Compensation Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislationhis job. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources DepartmentManager.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 14.01 The seniority 9.01 For the purposes of this Article service shall mean service as an employee shall be as defined as in Article 1. 9.02 Seniority is based on an employee's total length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementunbroken service. 14.02 The seniority of 9.03 An employee who ceases to be an employee as defined in Article 1 but who remains in the employ of the Employer, shall be lost and retain credit for his/her employment automatically terminated for any of the following reasons. (a) accumulated seniority and shall be entitled to such seniority if he/she quits resumes employee status within the period of 6 months. 9.04 If there is a break or breaks in an employee's service, his/her employment;seniority shall be based on his/her length of unbroken service which shall have accumulated since his/her last rehiring by the Employer. 9.05 A break in an employee's service with the Employer shall be deemed to have occurred: a) (bQuit) If he/she retires;leaves the employ of the Employer. b) (cDischarge) If he/she is discharged for just cause and if the discharge is not reinstated;reversed through the grievance procedure. c) (dLayoffs and Recalls) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) If he/she is absent from laid off because of lack of work without permission for more than three (3and is not recalled within 24 months. d) consecutive If following a layoff, he/she fails to advise the Employer within 5 working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing receipt of notification to return to work, of his/her intention to return, or; e) If the employee fails to report to work on the date and at the time specified in said notice. Such mailing The recall notice shall be made in writing and delivered by registered mail to the last address of 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 Employer in the event that official notices fail to reach the Company has in its files for that employee;. (ig) If an employee utilizes a leave of absence for purposes in any other than those for which it was granted; (j) manner he/she fails ceases to return to work immediately after be employed by the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources DepartmentEmployer.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 14.01 1. Seniority shall be defined as the length of continuous employment with the Company from the last date of hiring. The company shall maintain a seniority list for the Plant and the list shall be supplied to the Shop Chairman on request. 2. For six months after being hired, new employees shall be regarded as probationers and shall have no seniority. After six months’ service they shall become regular employees and shall receive credit for seniority from the date of their employment. Benefits, as outlined in Article 15 will commence on the first of the month after the employee has been employed for three (3) months. 3. In case it becomes necessary to reduce the working force, the order of lay-off shall be: 4. Senior employees who may be expected to qualify reasonably quickly for the required work, will be given an opportunity to do so. 5. The seniority of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time considered broken, all rights forfeited and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee there shall be lost and his/her employment automatically terminated for any of the following reasons.no obligation to rehire when he: (a) he/she quits his/her employment;Voluntarily leaves the service of the Company, or is dismissed for just cause. (An employee who is absent for two full consecutive working days without good and proper reason, or without first securing permission from the Company, may be considered to have left the Company’s service of his own accord.) (b) he/she retires;Fails to return to work when recalled or cannot be located after reasonable effort on the part of the Company. The present method contact or a telegram or a notice mailed to the employee at the last known address of the employee, shall constitute a reasonable effort on the part of the Company and report for duty, or to advise the Company of the date when he will so report, the Company shall be entitled to assume that the said employee has voluntarily left the Company’s employ. In urgent cases, however, where it is necessary to secure workers at notice of less than 48 hours, the Company, if unable to make contact with the senior eligible employee may recall the next senior employee and so on down the list, until the vacancy is filled. Employees rehired under such circumstances shall retain the position to which they are appointed, but provided the employees with whom the Company was unable to communicate in time, later within 96 hours advise the Company of their desire to return and shall return the next available shift to the position held prior to the lay-off. (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory Has been out to the Company is given by the employee; (g) if an employee overstays a vacation or leave Company’s employ in excess of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.allowable breaks defined below:

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 14.01 The seniority Section 1: Seniority shall mean the length of an employee continuous service in this bargaining unit and shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited based upon the completion first day of a work, provided the employee has completed the probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked as outlined in Article X. If two or six (6) monthsmore employees have the same employment date, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementseniority shall be de- termined by a lottery system. 14.02 Section 2: The Board shall provide the members of the bargaining unit and the Asso- ciation Representative a seniority list of an employee employees and it shall be updated whenever a change is made. Section 3: Seniority shall be lost and his/her employment automatically terminated the employee shall be removed from the senior- ity list only for any of the following reasons: a. If the employee resigns or retires. (a) he/she quits his/her employment; (b) he/she retires; (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) b. If an employee utilizes a leave is on layoff equal to her/his length of absence for purposes other than those for which it was granted;seniority in this bargaining unit. (j) he/she c. If the employee fails to return to work immediately after from layoff as set forth in the Company has been notified by a doctor or Workplace Safety and Insurance Board that Recall Procedure (Article XII). d. If the employee is able absent for two (2) consecutive working days without notifying the Board and fails to return give an explanation for the absence and the lack of notice that are satisfactory to histhe Superin- tendent, or designee. e. If the employee overstays a leave granted for any reason as pro- vided in Article XVIII. f. If the employee gives a false reason for a leave of absence or en- gages in other employment during such leave. g. If the employee is discharged and the discharge is not revised through the Grievance process of this Agreement. h. If a total-disability settlement has been made with the employee. Section 4: A bargaining unit member who has been, in the past or will be in the fu- ture, promoted outside the bargaining unit shall not accumulate seniority credit while working in a position not included in this Agreement. An employee who returns to the bargaining unit from a position not in- cluded in this Agreement, shall be assigned to a position similar to the one she/her job he held at the time of the promotion, provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It no bargaining unit member will be the responsibility of employees to provide written notification of any changes in their address laid-off. An employee who returns to the Human Resources Departmentbargaining unit from a position not in- cluded in this Agreement, shall retain the seniority status she/he held at the time of the promotion.

Appears in 3 contracts

Samples: Secretarial Contract, Secretarial Contract, Secretarial Contract

SENIORITY. 14.01 10.01 A seniority list will be posted by the Company for a period of fourteen (14) calendar days within one (1) month after the signing of this Agreement. After such posting, the list shall become final as to the employees' names and dates designated on it, except as to any employee who has disputed the accuracy of his seniority date while the list is posted, in which case it will be subject to an adjustment under the Grievance Procedure if established to be inaccurate. The seniority list will be brought up to date every six (6) months and a copy will be given to the Local Union and a copy posted on the bulletin board. Seniority shall be on a building(s) wide basis. It is understood and agreed that full-time seniority shall supersede part-time seniority for the purposes of an availability of work. 10.02 An employee's seniority will be lost and the employee shall be defined as deemed terminated if he: (1) quits the employ of the Company for any reason; (2) is discharged and is not reinstated through the Grievance Procedure or Arbitration; (3) is laid off for a continuous period exceeding the length of uninterrupted service since his seniority at the last date time of hire with the Company. Seniority shall only be credited upon the completion of lay-off or a probationary period of ninety exceeding twenty-four (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (624) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.; 14.02 The seniority (4) failure of an employee shall be lost and his/her employment automatically terminated to report for any of the following reasons. work within one (a1) he/she quits his/her employment; (b) he/she retires; (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for week when recalled by the Company for after a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that or failure of the employee to inform the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than within three (3) consecutive working days of recall that he will report for work, unless an explanation satisfactory he has a bona fide reason; notice to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled return to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be in writing and shall be deemed to be sufficient if sent by registered mail to the employee's last known address on file with the Company and the Union. Employees may elect at the time of layoff not to accept temporary work during the lay off period without affecting their seniority status under this Agreement; it shall be the responsibility of the employee that to keep the Company has in its files for that employeeand the Union informed of his current address and telephone number; (i5) If fails to return to work on the first scheduled day following the expiration of an employee authorized leave of absence, unless he has a valid and verifiable reason (any costs associated with medical condition verification will be at the Company's expense); or utilizes a leave of absence for purposes other than those for which it the leave of absence was granted; (j6) he/she fails is absent for three (3) consecutive working days without notifying the Company or is absent for this period without a valid and verifiable reason. It is the responsibility of the employee to return telephone his supervisor to notify him that he will not be reporting to work immediately after as scheduled. 10.03 When a permanent vacancy in the Company has been notified by existing job classifications in the Agreement occurs, such vacancy will be posted on the bulletin board for a doctor or Workplace Safety period of five (5) working days and Insurance Board that eligible employees will have the right to bid for the position. In selecting employees for such position, seniority shall be the governing factor where the skill and ability are sufficient and the employee is able has the required certification for the position applied for. (a) The principle of seniority shall be maintained in the reduction and restoration of the workforce and the” senior employees shall be entitled to return to his/her job preference over junior employees provided that the Company has met its obligations senior employees have the ability and qualifications to accommodate perform the employee under any applicable legislationavailable work. It is agreed that probationary and part-time employees shall be laid off prior to any decrease in hours or layoff of a full-time employee within the classifications of this Agreement; (b) when temporarily recalled, laid off employees will be given preference of available hours of work before part-time employees; (c) employees who have not forfeited their seniority rights as hereunder provided shall be recalled in order of seniority, skill and ability being sufficient; (d) if an employee is transferred from one department to another, there shall be no loss of seniority; (e) a departmental seniority list shall be placed on the responsibility bulletin boards and will be revised by the Company every six (6) months. Copies of these lists shall be forwarded to the Union Office; (f) in the event a sufficient number of qualified laid off employees do not elect to work available hours to meet the Company’s staffing requirements, part-time employees, as defined in Appendix “A”, may be used, failing which the Company may have the work completed by whatever means it deems appropriate. 10.05 In the event of a layoff of five (5) consecutive working days or more, the Company agrees to advise seniority employees affected at least five (5) days prior to the start of such lay off. The Union shall be notified in advance of such layoffs. 10.06 A maximum of two (2) Stewards shall be the last persons to be laid off provided that they have the ability and qualifications to perform the available work. 10.07 In regard to any claim by an employee that he maintains seniority during a period of personal illness, it is understood that the Company shall have the right to require any employee affected to provide a satisfactory medical certificate. 10.08 It shall be the duty of employees to provide written notification notify the Company and the Union promptly in writing of any changes change in their address address. If an employee shall fail to do this, the Human Resources DepartmentCompany and the Union will not be responsible for failure of any notice to reach such employee. 10.09 If a full time employee is informed before his quitting time that there is no work available for him on his next shift, there shall be no part-time employees worked on his shift on that day he is laid off. This principle may be advanced on a daily basis. Any full time employee who is not required on his regular shift on a daily basis shall be given the opportunity of performing available part-time work, for which he is qualified, and shall be entitled to eight (8) hours work and/or pay.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 14.01 The seniority 15.01 Seniority in this Agreement is defined as the length of an employee shall be defined as length of uninterrupted employee's continuous service in the bargaining unit covered by this Agreement since the last his/her most recent date of hire with and shall apply on a departmental basis. 15.02 If an employee is transferred by the Company. Seniority shall only be credited upon Company to a position outside the completion of a probationary period of ninety (90) calendar days for full- time bargaining unit but within the Company and four hundred and eighty-seven and one half (487.5) hours worked or subsequently returns to the bargaining unit within six (6) monthscalendar months of the transfer, whichever comes firsthe/she may do so without loss of Seniority. 15.03 In January and July of every calendar year, for part- timethe Employer shall post the full seniority list showing the seniority of each employee. Seniority rights 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/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). An employee will apply only be permitted a period of ten (10) working days following the posting of any seniority list to protest in writing to the extent expressly provided in Company any alleged omission or incorrect listing, but such protest shall be confined to errors or changes occurring subsequent to the posting of the immediately preceding seniority list. Where an employee is absent due to holiday, illness or approved leave, the ten (10) working day time limit for that employee shall run from the date of his/her return to work. In the event an employee does not file a protest within the time limits stipulated, then the seniority list shall be considered as correct, accepted and final as regards the employee. Any timely protest filed by an employee which is not settled can be taken up as a grievance under Article 10 of this agreementAgreement. 14.02 The seniority of an employee 15.04 An employee's continuous service shall be broken, his/her seniority lost and his/her employment automatically with the Company deemed to be terminated for any of the following reasons.just cause if: (a) he/she quits his/her employment;quits; or (b) he/she retires; (c) he/she is discharged for just cause and is not reinstated;reinstated through the grievance and arbitration procedure contained in this Agreement; or (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (fc) he/she is absent from work without permission for more than three (3) consecutive working days an authorized leave of absence, unless an explanation he/she provides a compelling and satisfactory to the Company is given by the employee;reason; or (gd) if an employee overstays s/he has been laid off or is otherwise absent from work for any reason for a vacation period of forty-four (44) weeks or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;more; or (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (je) he/she fails to return to report for work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return notification to his/her job provided that last known address by registered mail when recalled following a layoff, the onus being on the employee to keep the Company has met its obligations to accommodate advised of his current address except only that where the employee under is unable to report for work after such notification because he/she must give one (1) pay period's notice of termination of employment to another employer and he/she must work for that other employer during the said notice period, then he/she shall notify the Company as soon as possible of his inability to report for work for those reasons and he/she shall report for work immediately upon the expiry of the said notice period, failing any applicable legislation. It will be of which this Article 15.04(e) shall apply; or (f) he/she retires; or (g) he/she takes employment elsewhere while on an authorized leave of absence; or (h) he/she fails to report for work at the responsibility expiration of employees to provide written notification an approved leave of any changes in their address to the Human Resources Departmentabsence, a vacation or a suspension, unless he/she provides a compelling and satisfactory reason.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 14.01 The seniority of an employee 8.01 Seniority shall be defined as mean the length of uninterrupted service since continuous employment in an employee’s classification in the bargaining unit from the last date of hire with the Company. Seniority shall only . 8.02 An employee will be credited upon considered on probation and will not be subject to the seniority related provisions of this Agreement and not be placed on the seniority list until after the completion of a probationary period of ninety thirty (9030) calendar worked days for full- time and four or two hundred and eighty-seven and one half forty (487.5240) hours worked or six (6) monthsworked, whichever comes first. Should an employee be absent from work during the probationary period, for part- time. Seniority rights the probationary period will apply only to be extended by the extent expressly provided in this agreementnumber of working days the employee was absent from work. 14.02 The seniority of an 8.03 An employee shall lose all seniority and shall be lost and his/her deemed to have terminated employment automatically terminated for any of with the following reasons.Company: (a) he/she quits his/her employmentby voluntarily leaving the employ of the Company; (b) he/she retiresif an employee is discharged and is not reinstated pursuant to the grievance and arbitration procedure as provided in this contract; (c) he/she is discharged for just cause if an employee has been laid off and is not reinstatedfails to reply to a recall notice, within five (5) days of its mailing by registered mail or within three (3) days by courier service to the employee’s last known address and/or failing to return to work within two (2) days of receiving such notice. It shall be the employee’s responsibility to keep the Company informed of any change in the employee’s address; (d) he/she does not perform work for if an employee overstays a leave of absence granted by the Company for a period without securing an extension in writing, of twelve (12) months such leave of absence unless the extension is due to circumstances beyond the control of the employee, whereupon the employee must notify the Company in writing of the case circumstances and the probable return date, no longer than 5 working days beyond the approved leave of lay-off;absence end date unless failure to provide such written notice is beyond the control of the employee. (e) he/she does not perform work if an employee on a leave of absence takes employment other than that declared and agreed upon when applying for the Company for a period leave of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislationabsence; (f) he/she if an employee is absent from work without permission for more than three (3) or more consecutive working days unless an explanation satisfactory without notification to the Company unless such failure is given by a result of circumstances beyond the control of the employee; (g) if an a seniority employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation is laid off and not recalled within twelve (12) months from the Sales Manager date of lay off or Human Resources Manager unless an explanation satisfactory to the Company length of their seniority, whichever is given by the employeelesser; (h) if an employee is retired in accordance with Company policy; This clause will be interpreted consistent with the Ontario Human Rights Code as amended from time to time. 8.04 Bargaining Unit employees who is recalled accept promotion or transfer out of the Bargaining Unit for a period of more than three (3) months shall lose all Bargaining Unit Seniority. 8.05 In the event an employee requests to transfer to another location, the employer agrees to consider such request prior to hiring from outside the bargaining unit providing the employee has seniority, qualifications, skill(s) and ability to perform the work fails to return within ten required. Such considerations shall not be unreasonably denied. An employee may only exercise a transfer once in a twelve (1012) month period. 8.06 Within thirty (30) calendar days of mailing ratification and in January and July of notification to return. Such mailing each year thereafter, the seniority list, including the employee’s seniority, and service date and employment status (full-time or part-time) shall be by registered mail posted in the various departments and a copy mailed to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources DepartmentUnion.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 14.01 The seniority of an 10.01 An employee shall be defined as length considered to be on probation until he/she has completed 60 working days of uninterrupted continuous satisfactory service since the last date of hire with the Company. Seniority shall only be credited upon , but shall, on the completion of a probationary period the said service be given seniority rights from the date of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) monthshiring. In the case of intermittent employment, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated hiring date for any seniority purposes shall be 60 days prior to the date of completion of 60 working days of satisfactory service. 10.02 Seniority shall be accumulated by the time worked in the employ of the following reasonsCompany, plus time lost not in excess of two years, due to each lay-off or each leave of absence, except that in no case shall an employee accumulate more seniority while on such lay-off or leave of absence, than an amount equivalent to the amount of seniority he/she had on the effective date of such lay- off or leave of absence. In the case of leaves granted pursuant to 10.16, this shall be three years. 10.03 Seniority lists, copies of which shall be lodged with the Union and posted on the plant bulletin board at least four times a year, shall be prepared and maintained by the Company as follows: (A) A master seniority list covering all employees who have served their probationary period as provided in section 10.01. (aB) heA seniority list of each occupational group. 10.04 All seniority rights of an employee, who leaves the employ of the Company, shall cease where: (A) He/she quits his/her employment;voluntarily resigns. (bB) heHe/she retires;has been discharged and such discharge is not reversed through the grievance procedure. (cC) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) heHe/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation for reasons other than illness or leave of absence injury without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files having applied for that employee; (i) If an employee utilizes and obtained a leave of absence for purposes other than those a definite period from the Company, unless there is a good reason, acceptable to the Company provided for which it was granted;such failure to meet this time limit. (jD) 1. He/she is absent for seven consecutive days due to illness or injury unless the Company is notified of such condition in writing by the employee or his/her agent within the said seven days, provided, however, that such notification shall be deemed to have been given if the employee is incapacitated to the extent that he/she fails to return to work immediately after cannot notify the Company has been notified by a doctor or Workplace Safety within the time and Insurance Board that in the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees manner aforesaid, unless failure to provide written notification of any changes in their address to the Human Resources Departmentis for good reason.

Appears in 2 contracts

Samples: Collective Labour Agreement, Collective Labour Agreement

SENIORITY. 14.01 The seniority of an 12.01 An employee shall be defined considered a probationary employee and shall have no seniority rights until he/she has completed ninety (90) consecutive days employment, when his/her name shall be placed on a seniority list as length of uninterrupted service since the last date of hire with his/her employment, provided that an employee who completes intermittent employment to the Company. Seniority shall only be credited upon the completion of a probationary period extent of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half within any period of twelve (487.512) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee consecutive months shall be lost and have his/her employment automatically terminated name placed on a seniority list as of three (3) months prior to the date on which he/she shall have attained seniority. 12.02 An employee's seniority rights shall cease for any one of the following reasons.: (a) he/she If the employee quits his/her employment; (b) he/she retiresIf the employee is discharged and such discharge be not reversed through the grievance procedure; (c) he/she is discharged If the employee fails to report for just cause and is not reinstated;work for five (5) consecutive working days without having notified the human resources department of the company giving satisfactory reasons for such absence. (d) heIf the employee fails to return to work within five (5) consecutive working days after notification so to do to his/she does not perform work her address on the records of the company, without having notified the human resources department of the company giving satisfactory reasons for the Company for a period of twelve (12) months in the case of lay-offsuch absence; (e) he/she does If the employee is not called upon to perform work for the Company company for a period of twentythirty-four six (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (336) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays months or for a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return period equal to his/her job provided seniority at the date when he/she last performed work for the company, whichever shall be the greater; provided, however, that for a seniority employee at work on or after December 19, 1982, seniority rights shall cease if the employee is not called upon to perform work for the company as follows: Seniority at Date Seniority Ceases if Not Last Performed Work Called Upon to Perform For the Company has met its obligations Work for the Company for: 2 years but less than 3 years 48 months 3 years but less than 4 years 60 months 4 years but less than 10 years Period equal to accommodate the employee under any applicable legislation. It will be the responsibility of employees seniority plus 12 months 10 years but less than 11 years 132 months 11 years and more Period equal to provide written notification of any changes in their address to the Human Resources Department.seniority

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 14.01 The 14:01 An employee will be considered on probation and will not acquire seniority until he/she has worked a total of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety sixty (9060) calendar working days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) monthsthe Employer, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and when his/her employment automatically seniority shall commence from the date of last hiring. 14:02 The Employer agrees to observe the seniority of employees in connection with promotions, demotions, transfers, layoffs, and recalls, insofar as it is practicable to do so, providing their other qualifications are relatively equal. Promotions to supervisory positions shall not be subject to the provisions of this Agreement. 14:03 A seniority list will be prepared and forwarded to the Union office on or about the 30th day of November during the term of this Agreement. 14:04 In the event of a tie in seniority between two or more employees, the Employer will interpret seniority standing for layoff purposes by ranking such employees by date of commencing work as a Temporary Journeyperson Xxxxxxxxx immediately prior to the date of last hiring. 14:05 An employee shall lose all seniority and deemed to be terminated for any if he/she: a) voluntarily quits, resigns or retires the employ of the following reasons. (a) he/she quits his/her employmentUniversity; (b) he/she retiresis justifiably discharged; (c) he/she is discharged has been laid off for just cause and is not reinstated; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of more than twenty-four (24) months consecutive months; and d) following a layoff, fails to advise the Employer within five (5) working days of receipt of notice to return to work of his/her intention to return, or fails to report for any other work on the date and at the time specified in the said notice, without a reason other than lay-off, provided that acceptable to the Company has met its obligations to accommodate the employee under any applicable legislation;Employer. (fe) he/she is absent from work without permission for a period of five (5) or more than three (3) consecutive working days unless an explanation satisfactory to without notifying the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension Employer of such leave of absence or vacation from absence, in which case he/she shall be deemed to have resigned his/her employment with the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;Employer; and (hf) if an employee who is recalled to work fails to return within ten (10) calendar days to work upon the expiration of mailing a leave of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee absence, or utilizes a leave of absence for purposes a purpose other than those that for which it was grantedgranted unless excused by the Employer in writing; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 14.01 12.01 The seniority last employee hired shall, in the case of an employee layoff, be the first laid off and the last laid off shall be defined as length the first rehired provided the senior employee is qualified and capable of uninterrupted service since performing the last date of hire with work. There shall be no bumping up. 12.02 An employee will be considered temporary for the Company. Seniority shall only be credited upon the completion of a probationary period of ninety first one hundred and eighty (90180) calendar days for full- time and four will have no seniority rights during that period. After one hundred and eighty-seven and one half eighty (487.5180) hours worked or six (6) monthscalendar days, whichever comes first, for part- time. Seniority rights will apply only his seniority shall date back to the extent expressly provided in this agreementday on which his employment began. 14.02 The seniority 12.03 Employees who have been laid off due to lack of an employee shall be lost work and his/her employment automatically terminated for any subsequently re-employed will have their length of service determined by the following reasonsactual time they have been on the Company's payroll, provided such employees return to work when notified, and subject to the conditions of Section 12.06. (a) he/she quits his/her employment; (b) he/she retires; (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company 12.04 Any employee who has been laid off for a continuous period of twelve (12) months or more will lose any previously acquired seniority and will be rehired only as a new employee. 12.05 Any employee who has been laid off, but who still retains his seniority, and who is notified to return to work, will lose his seniority unless he notifies the Company within five (5) days that he is intending to return to work and unless he returns to work as soon as possible after receiving notification, and in any event, within seven (7) days after the case mailing or other communication of lay-offsuch notice. Such notification shall be by telephone, confirmed by a letter, sent by a Courier Service. 12.06 An employee shall lose his seniority and employment will be terminated if he: (a) voluntarily quits; (b) is discharged and not reinstated through the Grievance and Arbitration Procedures; (c) is absent from work for three (3) consecutive days without a valid reason; (d) overstays an authorized leave of absence without valid reason; (e) he/she does not perform fails to report for work for within seven (7) calendar days after the date when a notice of recall to full-time work has been sent by the Company for a period by courier to his last address on file. 12.07 Seniority as referred to in this Agreement shall mean length of twenty-four (24) months for any other reason other than lay-offcontinuous employment in the Bargaining Unit, provided that dating from the Company has met its obligations to accommodate date the employee under was last hired as a member of the Bargaining Unit. 12.08 Seniority lists will be revised each six (6) months; a copy of the lists will be posted in the plant and a copy given to the Union and unless objected to within seven (7) days, shall be deemed to be conclusive. 12.09 In the event that any applicable legislation; (f) he/she is absent from work without permission for more than employee covered by this Agreement should be promoted to a supervisory or confidential position beyond the scope of this Agreement, he shall retain the seniority previously acquired and shall have added thereto the seniority accumulated during the first three (3) consecutive working days unless months while serving in such supervisory or confidential capacity. Such an explanation satisfactory employee shall be permitted to return to the Company is given by Bargaining Unit to the employee;route he held at the time of promotion: (ga) if the route he held at the time of promotion is held by an employee overstays a vacation or leave with less seniority; and b) the route he held at the time of absence without securing promotion is largely intact; and c) the extension of such leave of absence or vacation return is within three (3) months from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;date of his promotion. (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing 12.10 It shall be by registered mail to the last address duty of the employee that to notify the Company has in its files for that employee; (i) and the Union promptly of any change of address and telephone number. If an the employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after do so, the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able Union shall not be held responsible for failure to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentreach such employee.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Agreement

SENIORITY. 14.01 The seniority of an employee 10.01 Seniority shall be defined as length of uninterrupted continuous service since the last date of hire as a full time employee with the Company. Seniority shall only . 10.02 An employee will be credited upon considered probationary for the completion of a probationary period of first ninety (90) calendar days for full- time and four worked or seven hundred and eighty-seven and one half twenty (487.5720) hours worked and will have no seniority rights during that period. After ninety (90) days worked or six seven hundred and twenty (6720) monthshours worked, whichever comes first, for part- time. Seniority rights will apply only his/her seniority shall date back to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and day on which his/her employment automatically began. The employment of a probationary employee may be terminated for any reason in the discretion of the Company. 10.03 Seniority rights shall cease and employment shall be terminated for any of the following reasons.: (a) he/she If an employee voluntarily quits his/her employmentthe employ of the Company; (b) he/she retires; (c) he/she If an employee is discharged for just cause and such employee is not reinstatedreinstated pursuant to the provisions of the grievance procedure; (c) If an employee overstays a leave of absence or remains away from work without permission for a period of more than two (2) consecutive working days without notifying the Company; (d) he/she does not perform If an employee fails to report for work for within seven (7) working days after the Company for a period registered mailing date of twelve (12) months in the case notice of lay-offrecall; (e) he/she does not perform work for the Company If an employee has been on layoff for a period equal to his accumulated seniority at the date of layoff, or twenty-four (24) months for any other reason other than lay-offmonths, provided that whichever is lesser. 10.04 It shall be the duty of all employees to promptly notify the Company has met its obligations in writing of any change of their address or telephone number. If any employees should fail to accommodate do this, the employee under Company will not be responsible for failure of any applicable legislation;notice, including notice of recall, to reach such employee. (f) he/she is absent from work without permission for more than 10.05 Seniority lists shall be provided every three (3) consecutive working days unless an explanation satisfactory months. A copy shall be posted on the bulletin board and one copy provided to the Company plant Chairperson. If the seniority list is given by the employee; not objected to within a seven (g7) if an employee overstays a vacation or leave day period of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing posting, it shall be by registered mail to the last address of the employee that the Company has in its files deemed conclusive for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentall purposes.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 14.01 The seniority 13.1 Seniority of an members of the Association shall commence when the employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and completes his/her probationary period, as defined by Act 78, and shall be retroactive to initial date of employment automatically terminated as a member of this bargaining unit. 13.2 An employee shall forfeit and/or terminate his/her seniority for any of the following reasons.: (a) a. If he/she quits his/her employmentresigns; (b) he/she retires; (c) b. If he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) c. If he/she is absent from work without permission for more than three (3) consecutive working work days unless an explanation satisfactory without notifying the Employer. An exception to this may be made if the Company is given by employee was incapable and unable to notify the Employer for reasons or causes beyond the control of the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) d. If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately upon expiration of a leave of absence; e. If he/she fails to return to work within fourteen (14) calendar days after being recalled from a layoff; notification of recall shall be sent to the Company has been notified employee’s last known mailing address by certified mail; f. If he/she retires; g. If an employee gives a doctor false reason to obtain a leave of absence, or Workplace Safety and Insurance Board is employed during the leave of absence unless prior approval to be employed during the leave of absence is obtained by the employee; h. If an employee separates from employment upon settlement covering total disability; i. If an employee is unable to work for more than two (2) years with evidence that the employee is will not be able to return perform the duties of his/her previous position without restriction, except as provided by the ADA; j. If an employee gives false information on his/her application for employment; k. If he/she is laid off for a continuous period equal to his/her job provided that length of seniority or three (3) years, whichever is lesser. 13.3 A seniority list shall be furnished to the Company has met its obligations Association by the Employer every six (6) months (January and July). 13.4 Seniority for the purposes of layoffs, recalls, and promotions shall be in accordance with Act 78 of the Public Acts of 1935, as amended. 13.5 Such Seniority shall not be applicable for purposes of pension benefits, which benefits shall be based on credited service as defined in the Employee’s Retirement System, Chapter 10 of the Xxxx City Code, nor for fringe benefits which shall be determined by the service date (continuous service as of employee’s last date of hire with the Employer, less unpaid leaves of absence). 13.6 If an employee returns to accommodate the bargaining unit from an unpaid leave of absence or disability retirement, the employee under any applicable legislation. It will be shall not have accrued bargaining unit seniority during the responsibility period of employees to provide written notification of any changes in their address to the Human Resources Departmentleave or retirement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 14.01 The That a single seniority list as of an employee shall January 1, 1998 will be established based on accumulated seniority for each member as of December 31, 1997. 10.01 Seniority is defined as the length of uninterrupted continuous service since the last date of hire with the Companyexisting Employer or a predecessor Separate School Board. Seniority shall only accumulate on the basis of the regular hours worked in relation to the normal full time hours for the position and prorating the annual service seniority credit accordingly. 10.02 An employee will be credited upon considered on probation and will not be subject to the seniority provisions of this Agreement, nor shall his/her name be placed on the seniority list, until after he/she has completed sixty (60) working days of employment with the Board. Upon completion of such probationary period, the employee's name shall be placed on the seniority list with seniority dating from the date he/she was hired by the Board. The dismissal of a probationary period employee shall not be the subject of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementa grievance. 14.02 The 10.03 Notwithstanding Clause 10.04 of this Collective Agreement, a person shall lose all seniority of an employee and shall be lost and hisdeemed to have terminated employment with the Board if he/her employment automatically terminated for any of the following reasons.she: (a) he/she voluntarily quits his/her employment;the employ of the Board; or (b) he/she retires;is discharged and such discharge is not reversed through the Grievance Procedure; or (c) he/she fails to report for work within ten (10) working days after being notified by registered mail by the Board to report for work, unless a satisfactory reason is discharged for just cause and is not reinstated;given; or (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation a satisfactory to the Company reason is given by the employee;given; or (ge) if is absent due to lay-off for more than two (2) years; or (f) fails to return to work upon termination of an employee overstays a vacation or authorized leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation a satisfactory to the Company reason is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee or utilizes a leave of absence for purposes other than those for which it the leave of absence was granted;, unless a satisfactory reason is given; or (jg) after the expiry of an accumulated sick leave, if he/she fails to return is unable to work immediately after due to incapacity from illness or injury for a period exceeding two (2) years. 10.04 Seniority shall be maintained but shall not accumulate during leaves of absence for any reason in excess of three (3) months except in the Company has been notified by case of Board approved Union leave, maternity/paternity leave, adoption leave, parental leave, absence while in receipt of WSIB benefits, and absence while on LTD benefits during which time(s) seniority will accumulate. 10.05 No employee shall be transferred to a doctor or Workplace Safety and Insurance Board that position outside the employee is able to return to bargaining unit without his/her job provided that consent. 10.06 The Board shall notify the Company Union of the names and seniority dates of all new employees. The Board shall further notify the Union when a probationary employee has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentbeen terminated.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 14.01 The seniority 7.01 Seniority shall be the total service of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon , accumulated while the completion employee is actually at work and during such periods of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementabsence as are defined herein. 14.02 The seniority of an 7.02 A new employee shall be lost on probation for a period of 720 hours worked. He shall be placed on the seniority list using the first work day as the seniority date. In the event that more than one employee starts employment on the same day, they shall be placed on the seniority list in alphabetical order using their surname. 7.03 An employee shall cease to have seniority rights and his/her employment automatically his employee status with the Company shall be terminated for any of the following reasons.all purposes when he: (a) he/she quits his/her employmentleaves the Company voluntarily (includes retirement); (b) he/she retires; (c) he/she is discharged for just cause and is not reinstatedcause; c) is absent from work for more than two (2) consecutive working days without satisfactory explanation d) he/she does not perform work for the Company is laid-off for a period exceeding his accumulated seniority at the time of lay- off, with a minimum of twelve (12) months in the case and a maximum of laythirty-offsix (36) months; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to beyond the Company is given by the employee; (g) if an employee overstays a vacation or period of any leave of absence granted by the Company, without securing the extension of such justifiable cause. Employees absent from work due to sickness and accident shall automatically be considered to be on leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to absence, providing the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes may require a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by doctor's certificate confirming such sickness and accident and a doctor or Workplace Safety and Insurance Board further certificate that the employee is able to return to his/her job work; f) fails to return to work from layoff at the time specified by the Company, by oral notice or telephone confirmed by registered letter to his last address recorded with the Company. The Company is prepared to consider justifiable cause, other than failure to report change of address, in the administration of this Clause, provided that an employee shall notify the Company has met its obligations of his intention to accommodate return to work within two (2) working days of the receipt of such registered letter; 7.04 a) An employee under any applicable legislation. It will be who leaves the responsibility Bargaining Unit to accept another position with the Company shall stop accumulating seniority as of employees to provide written notification the date of any changes in their address his transfer and shall forfeit accumulated seniority unless he returns to the Human Resources DepartmentBargaining Unit within three (3) months of such transfer except as noted below.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 14.01 The seniority purposes of an employee shall be this Article is to provide employees with as large a measure of security as possible, based on their continuous employment with the Employer. Seniority is defined as length of uninterrupted a bargaining unit members continuous service since with the Employer, in the bargaining unit, from the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementhire. 14.02 The Employees having less than: a) Four Hundred and Fifty Hours (450) or b) one (1) year of service, with a minimum of one hundred (100) hours shall be considered probationary employees and will have no seniority of rights during this probationary period. 14.03 An employee shall lose all seniority and shall be deemed terminated if: a) the employee quits; b) an employee shall be lost is discharged and his/her employment automatically terminated for any of the following reasons. (a) he/she quits his/her employmentdischarge is not reversed through the grievance and arbitration procedures; (b) he/she retires; (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform employees absent from scheduled work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) or more consecutive working days unless an explanation without notifying the Employer of such absence and providing a reason satisfactory to the Company is given by the employeeEmployer; (gd) if an employee overstays fails to return to work upon the expiration of a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes utilize a leave of absence for purposes a purpose other than those that for which it was granted; e) an employee has been laid off for the lesser of his length of seniority or thirty six (j36) he/she months; f) an employee fails upon being notified of a recall to signify his intention to return within five (5) working days after he has received the notice of recall, and fails to return report to work immediately within ten (10) working days after he has received the Company notice of recall; g) a casual employee who has been notified by refused to work for a doctor period of three (3) months or Workplace Safety more shall be removed from the casual supply list and Insurance Board that the employee is able shall be deemed to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility terminated with loss of employees to provide written notification of any changes in their address to the Human Resources Departmentall seniority they may have acquired.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 14.01 The seniority of an 9.01 An employee shall be defined as length considered to be on probation until they have completed 60 working days of uninterrupted continuous satisfactory service since the last date of hire with the Company. Seniority shall only be credited upon , but shall, on the completion of the said service be given seniority rights from the date of hiring. In the case of intermittent employment, their hiring date for seniority purposes shall be 60 days prior to the date of completion of 60 working days of satisfactory service. 9.02 Seniority shall be accumulated by the time worked in the employ of the Company, plus time lost not in excess of two years, due to each lay-off or each leave of absence, except that in no case shall an employee accumulate more seniority while on such lay-off or leave of absence, than an amount equivalent to the amount of seniority they had on the effective date of such lay-off or leave of absence. 9.03 Seniority lists, copies of which shall be lodged with the Union and posted on the plant bulletin board at least four times a year, shall be prepared and maintained by the Company as follows: (A) A master seniority list covering all employees who have served their probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly as provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasonssection 9.01. (aB) he/she quits his/her employment;A seniority list of each occupational group. 9.04 All seniority rights of an employee, who leaves the employ of the Company, shall cease where: (bA) he/she retires;They voluntarily resigns. (cB) he/she is They have been discharged for just cause and such discharge is not reinstated;reversed through the grievance procedure. (dC) he/she does not perform work They are absent for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation for reasons other than illness or leave of absence injury without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files having applied for that employee; (i) If an employee utilizes and obtained a leave of absence for purposes other than those a definite period from the Company, unless there is a good reason, acceptable to the Company provided for which it was granted;such failure to meet this limit. (jD) he/she fails 1. They are absent for seven consecutive days due to return to work immediately after illness or injury unless the Company has is notified of such condition by the employee or his agent within the said seven days, provided, however, that such notification shall be deemed to have been notified by a doctor or Workplace Safety and Insurance Board that given if the employee is able incapacitated to return to his/her job provided the extent that they cannot notify the Company has met its obligations to accommodate within the employee under any applicable legislation. It will be time and in the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentmanner aforesaid.

Appears in 2 contracts

Samples: Collective Labour Agreement, Collective Labour Agreement

SENIORITY. 14.01 The seniority of an employee (a) Seniority shall be defined as length of uninterrupted service since the last date of hire continuous employment with the CompanyCompany in the bargaining unit. Seniority shall be effective only after an employee has completed her probationary period, and shall be credited upon computed from the completion date of a her first employment. (b) The probationary period of ninety for part-time employees will be five hundred (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5500) hours worked or six (6) months, whichever comes first, for part- time. worked. 10.02 Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of shall be terminated and an employee shall be lost and his/her employment automatically terminated for any of the following reasons.deemed to have quit if he or she: (a) he/she quits his/her employmentis duly discharged by the Company; (b) he/she voluntarily quits or resigns or retires; (c) he/she is discharged has been laid off or promoted out of the bargaining unit continuously for just cause and is not reinstateda period of more than twelve (12) months. Upon return from layoff an employee will be provided a 14 day familiarization period to the responsibilities of their position; (d) he/she is called back to work by registered mail to her last known address after a layoff and does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing the date on which the registered letter of notification to returncall back was mailed by the Company. Such mailing shall be by registered mail to The employee is responsible for advising the last address Human Resources Department, in writing, of the employee that the Company has any change in its files for that employeeher address; (ie) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after on the completion of an authorized leave of absence, unless such failure is due to provable sickness. (f) is absent without leave for three (3) consecutive shifts and fails to advise the Company has been notified by without a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility legitimate reason. (a) Part-time employees who are desirous of becoming full-time employees to provide written notification of any changes in their address to shall inform the Human Resources Department, on or about November 15 of each year using the proscribed form. Confirmation of receipt will be returned to the employee. (b) Where more than one part time employee is desirous of becoming a full time employee the Company shall take into account: (i) The ability and qualifications of the individual to fulfil the requirements of the job, (ii) The seniority ranking of the applicants, (iii) where ability and qualifications of candidates are relatively equal, seniority shall govern. (a) A part time employee hired to full time status shall be credited with one- half (½) of their calendar years of part-time service to a maximum credit of two (2) years. (b) In the event of a full-time employee's status is changed to part-time, the employee will be granted her length of continuous service with the company as a new part-time seniority date.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 14.01 11.01 The seniority of an employee shall be defined as length of uninterrupted service since the last date of hire parties agree with the Company. Seniority shall only be credited upon the completion of a reference to probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) monthsemployees, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.that; (a) he/she quits his/her employment;All employees, until they have been employed by the Company for Sixty (60) calendar days, shall be probationary employees. (b) he/she retires;During the probationary period, the probationary employee shall have no seniority standing. Employees who have completed said probationary period and have been retained by the Company at the expiration thereof, shall be credited with seniority back to the date of last hire. (c) he/she Under no circumstances will an employee be required to serve a second probationary period. 11.02 Seniority shall mean the length of continuous employment in the bargaining unit with the Company during which seniority is not broken under the provisions of this Agreement. 11.03 Within thirty (30) calendar days of ratification and in January of each year thereafter (or semi-annually if requested by the Union), the seniority list, including the employees' seniority, service date and employment status (full-time or part-time) shall be posted and a copy mailed to the Union. 11.04 An employee shall lose his seniority and his employment shall be terminated for all purposes in the following circumstances: (a) if he is discharged for just cause and is not reinstated; (db) he/she does not perform work for the Company if he resigns voluntarily; (c) if he is laid off for a period in excess of twelve (12) months in consecutive months; (d) if, following layoff, he fails to return to work within five (5) working days after receiving actual or deemed notice to do so. The employee shall be deemed to have received notice to return to work when the case Company sends him such notice by registered mail or priority post. The employee shall keep the Company informed of lay-off;his current address. (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations if his extended absence due to accommodate the employee under any applicable legislationinjury or illness exceeds 12 months; (f) he/she if, an employee exceeds without authorization a granted leave of absence; or (g) if he is absent from work without permission authorization for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentdays.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Agreement

SENIORITY. 14.01 (a) The seniority of an employee unit shall be defined as length of uninterrupted plant-wide. (b) Seniority is continuous service since the last which shall be calculated from date of hire first employment or re-employment following a break in continuous service, whichever occurs later. When two or more employees are hired on the same day, the employee with the lowest last four (4) digits in their social security number shall be senior to the employee with the highest last four (4) digits. This paragraph is effective May 10, 1978. (c) New employees and those hired after a break in continuity of service will be regarded as probationary employees for the first sixty (60) days of work and will receive no continuous service credit during such period. Probationary employees may file and process grievances under this Agreement, but may be laid off or discharged as exclusively determined by the Company. Seniority Probationary employees who continue in the service of the Company subsequent to the first sixty (60) days of work shall only be credited upon receive full continuous service credit from date of the completion of a probationary period of ninety most recent hiring. (90PROBATIONARY PERIOD MAY BE INCREASED THIRTY (30) calendar days ADDITIONAL WORK DAYS SUBJECT TO APPROVAL BY THE UNION.) (d) An employee covered by this Agreement shall lose his entire seniority if: (1) He voluntarily quits; (2) He is discharged for full- time cause and four hundred and eighty-seven and one half (487.5) hours worked or not rehired within six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons. (a) he/she quits his/her employment; (b) he/she retires; (c) he/she is discharged for just cause and is not months or reinstated; (d3) he/she does not perform work for An employee's seniority shall be broken and his employment terminated effective on date of his acceptance of Termination benefits under the Company provisions of the Supplemental Unemployment Benefit Plan Agreement; (4) The employee is on layoff or disability for a period of twelve (12) months in three years or 50% of his seniority attained at the case start of lay-off;such absence, whichever is less. (e) he/she does not perform work A leave of absence for the Company for purpose of accepting a period position with The Cement, Lime, Gypsum and Allied Workers Division at the Local, district, or international level, or the AFL-CIO or any of twenty-four (24) months for any other reason other than lay-offits subordinate bodies, provided that the Company has met its obligations shall be available to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for not more than three (3) consecutive working days unless an explanation satisfactory employees from each plant at any one time. Applications for such leave shall be submitted to the Company is given by in writing thirty (30) days prior to the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension effective date of such leave of absence or vacation from to permit proper provisions to be made to fill the Sales Manager or Human Resources Manager unless an explanation satisfactory job to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to returnbe vacated. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave Leaves of absence for purposes other than those this purpose shall be for which it was granted; an indefinite period. During such leave, seniority shall accumulate. Group insurance coverage shall be suspended after thirty (j30) he/she fails to return days of such leave. All insurance coverages will be reinstated upon returning to work immediately after with the Company has been notified by a doctor or Workplace Safety and Insurance Board that the Company. Upon returning to work such employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.reinstated on his former job, providing it is

Appears in 2 contracts

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

SENIORITY. 14.01 The seniority of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of 7.1 New employees will serve a probationary period of ninety forty-five (9045) calendar working days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- timebefore acquiring seniority rights. Seniority rights Their seniority will apply only then date back to their starting date with the extent expressly provided in this agreementCompany. 14.02 The seniority 7.2 In the event of an employee a lay-off and/or a job opening, the Company shall be lost and his/her employment automatically terminated for any of the following reasons.consider: (a) he/she quits his/her employmentthe seniority of the employees; (b) the qualifications of the employees; where the qualifications are relatively equal, seniority shall be the determining factor. In all cases were the qualifications of an employee are questioned by the Company, such employee will immediately be given the opportunity to perform the work in question to determine if he is qualified. In cases of equipment, employees shall advise the Company of any future plans to apply and they will co-operate in advance training where possible. 7.3 Seniority will not be broken due to absence from employment because of sickness, accident or other unavoidable reasons which justify such absence. 7.4 An employee may lose his seniority if he/she retires;: (a) voluntarily quits the employ of the Employer. (b) is discharged and not reinstated through the grievance procedure. (c) he/she is discharged for just cause laid-off and is not reinstated;recalled within one (1) year from the date of lay-off. (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately within seven (7) days after the Company he has been notified by the Employer by registered mail, or if he fails to advise the Employer within five (5) days of receipt of notice of his intention to return. 7.5 An employee who is requested to return to work and who is not immediately available may be passed over and a doctor more junior employee may be called instead, subject to displacement by the more senior employee when he does report for work within seven (7) days of notification to do so. 7.6 It shall be the duty of each employee to notify the Employer promptly of any change in his address. If an employee fails to do this, the Employer will not be responsible for failure of a notice to reach such employee. 7.7 Absence due to bona fide illness or Workplace Safety and Insurance Board that injury shall not be cause for discharge or loss of seniority providing the Company is notified of such illness or injury. The employee shall notify the Company when he is able to return to his/her job provided work. However, an employee off work as set out above shall not by virtue of his absence retain seniority over a senior employee who has been laid off. 7.8 All supervisors and foremen shall be excluded from the bargaining unit and will not perform any work which falls within the scope of this Agreement. 7.9 When supervisors or foremen are appointed, a notice to that the Company has met its obligations to accommodate the employee under any applicable legislation. It effect will be posted and maintained on the responsibility Bulletin Board. 7.10 No employees shall suffer loss of employees to provide written notification income or lay-off as a result of any changes in their address to the Human Resources Departmentwork performed by supervisory personnel.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 14.01 The 19.01 Seniority shall mean the length of continuous service in the bargaining unit with the Employer, including time before the Union was certified to represent this bargaining unit, during which seniority is not broken under the provisions of an employee this Collective Agreement. This Article shall apply to all provisions of this Collective Agreement affected by seniority. When two (2) or more employees are hired on the same day, sequence numbers will be indiscriminately allotted and such numbers shall fix the employee’s place on the seniority list. 19.02 An Employee shall, lose his seniority and employment shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only deemed to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically have terminated for any of cause in the following reasons.circumstances: (a) he/she quits his/her employment; (b) he/she retires; (c) he/she if he is discharged for just cause and is not reinstated; (db) he/she does not perform work for the Company if he resigns or retires voluntarily; (c) if he is laid off for a period in excess of twelve (12) months in the case of lay-offconsecutive months; (d) if, following xxxxxx, he fails to return to work within seven (7) calendar days after receiving notice to do so unless on reasonable grounds he is unable to do so. (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations if an employee fails to accommodate the employee under any applicable legislation; (f) he/she is absent from report to work without permission for more than three (3) consecutive working days unless being on a leave of absence approved by the Employer, or without an explanation satisfactory to the Company is given by the employee; Employer, for one (g1) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files working day for that employee; (if) If if, an employee utilizes exceeds without authorization a granted leave of absence or uses an approved leave of absence for purposes other than those given as the reason for which it was grantedthe leave; (jg) he/she fails to if the employee is absent from work for more than twelve (12) months by reason of absence while on WCB and there is no reasonable likelihood the employee will return to work immediately after within the Company has been notified by a doctor near future, subject to any obligation under the Human Rights Code or Workplace Safety and Insurance Board that Health Act. (h) if the employee is able to absent from work for more than twelve (12) months by reason of illness or other physical disability and there is no reasonable likelihood the employee will return to his/her job provided that work within the Company has met its obligations near future, subject to accommodate any obligation under the Human Rights Code. (i) It shall be the responsibility of each employee to notify the Employer promptly in writing of any change of address or telephone number. Letters sent by the Employer to the last address on record or telephone calls to the last telephone number on record will be deemed to be received by the employee and shall satisfy any obligation on the Employer to provide notice to the employee under any applicable legislationprovision of this Collective Agreement. (a) A part-time and casual employee cannot use seniority for the purpose of displacing a full-time employee. (b) When a part-time and casual employee's status is changed to that of a full-time employee, he shall retain his seniority, and then will progress in seniority and wage rate increase, in the same manner as other full-time employees covered by the Collective Agreement. For calculation of seniority, one (1) year shall equal 1725 hours. It is understood and agreed that this calculation is for this Article only and will not be used for any other purpose in the responsibility of employees to provide written notification of any changes in their address to the Human Resources DepartmentCollective Agreement.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 14.01 The seniority 9.1: Seniority of an employee a new Command Officer shall be defined as length commenced after the Officer has completed his probation period of uninterrupted service since one (1) year and shall be from the last date of hire with the Companypromotion. Seniority An officer shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time forfeit his seniority rights and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee his employment shall be lost and his/her employment automatically terminated for any of the following reasons.following: (a) he/she quits his/her employment; (b) he/she retires; (c) heA. He/she is discharged dismissed for just cause and is not reinstated;. (d) B. If he/she does not perform work is absent without leave for three (3) consecutive workdays without justifiable reason, at which time his/her employment shall be considered voluntarily terminated also. C. He/she gives a false reason to obtain a leave. D. He/she retires or resigns. E. Seniority shall terminate with exhaustion of leave time subject to Section 8-A of this article. F. He/she is laid off during the Company term of this agreement, continuously, for a period of twelve one (121) months in the case of lay-off; (e) he/she does not perform work for the Company for year, or a period of equivalent to his/her seniority, whichever is longer, but in no event shall this period exceed twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;months. (f) heG. He/she performs no work for the Public Safety Department as a result of a disability for a period of two (2) years or length of service, whichever is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory less. 1. A command Officer who has exhausted his leave time, due to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee disability, but who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety recovered and Insurance Board that the employee is able to return to his/her job work within two (2) calendar years from the last day he actually worked, may exercise his seniority and displace the most junior Command Officer. The junior Command Officer who was bumped shall not have the right to grieve his displacement. 2. A Command Officer who has exhausted his leave time, due to a disability, but who has recovered and is able to re-qualify after two (2) calendar years from the last day he actually worked, shall have lost his seniority but may return only if there is an opening for a Command Officer in the department. 3. In subsection (B) above, it shall be the former employees' obligation to make application. Upon return to work or re- qualifying for work, previous service credits (excluding the two (2) year period as provided that in subsection (A) and the Company has met its obligations period of time the Command Officer was absent from work due to accommodate disability as provided in subsection (B) of this Article) shall be used in computing seniority for the purpose of earning benefits. Upon return to work or re-qualifying for work, previous service credits and the period of time the Command Officer was absent from work due to disability, shall be used in computing seniority for the purposes of layoff, recall, annual vacation selection and the annual shift selection described in the Letter of Understanding regarding Shift Selection. 4. For purposes of Section B of this Article, "able to return to work" under subsection (A) shall mean the physical or mental fitness necessary to carry out the normal functions of a Public Safety Command Officer. "Re-qualify" under subsection (B) includes the successful completion of a department orientation program on current procedures, and the certification requirements of the position. In order to be "able to return to work" or "re-qualify", the employee under any applicable legislationshall follow the procedure provided in Article XVII, Medical Examinations. It will be For purposes of subsections (A) and (B) of this Article, the responsibility of employees City may direct the Command Officer to provide written notification of any changes in their address take a physical or psychiatric examination by a physician appointed by the City, prior to returning or re-qualifying for work. Any dispute between the City and the Union with respect to the Human Resources Departmentemployees' physical or mental fitness shall be resolved according to the procedure established in Article XVII, Medical Examinations and the Grievance Procedure, if necessary. The City will make a reasonable effort to notify the former employee when a position becomes available. I. Separation from employment as a Command Officer due to a permanent disability. J. Failure to return to work within three (3) calendar days following recall with two (2) weeks written notice. K. Choice of vacations shall be on a seniority basis per the needs of the department. L. In the event of layoffs, Public Safety Command Officers shall be laid off in inverse order of seniority. Any such laid-off Command Officer may bump back into a Public Safety Officer position within the department, provided he/she has greater total seniority as a City employee than a Public Safety Officer who is bumped.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 14.01 The seniority of an employee (a) All full-time employees shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of serve a probationary period of ninety fifty (9050) calendar days shifts worked from date of last hire. The discharge of a probationary employee shall not be subject to the grievance procedure. (b) All part-time employees shall serve a probationary period of forty-five (45) shifts worked from date of last hire. The discharge of a probationary employee shall not be subject to the grievance procedure. If retained after the probationary period, seniority shall accrue based on hours worked. One year of service will equate to 1500 hours worked. 12.02 Seniority is defined as the length of service in the bargaining unit and shall include all service with the Employer since date of last hire. A seniority list shall be established for full- all full-time and four hundred part-time employees covered by this Agreement who have completed their probationary period. A copy of the seniority list will be provided to the Bargaining Unit President of the Association after the execution of the Agreement and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. a revised list will be supplied annually in February thereafter. 12.03 Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of and an employee employee's employment shall be lost and his/her employment automatically deemed to have terminated for any of the following reasons.if she: (a) he/she quits his/leaves of her employmentown accord; (b) he/she retiresis discharged and the discharge is not reversed through the grievance and arbitration procedure; (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company laid off for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of more than twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislationmonths; (fd) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation a satisfactory to the Company reason is given by the employee; (ge) if fails to return to work upon termination of an employee overstays a vacation or leave of absence without securing the extension of such authorized leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it the leave of absence was granted, unless prior approval has been obtained, or a satisfactory reason is given by the employee; (jf) he/she fails to return to work immediately within ten (10) calendar days after being recalled from lay-off by notice sent by registered mail to the Company has been notified last known address according to the records of the Home, unless a satisfactory explanation is given by a doctor or Workplace Safety the employee; (g) is absent from work due to disability, which absence continues more than twelve (12) months and Insurance Board that which period is extended automatically for another twelve (12) months, unless mutually agreed otherwise. 12.04 It shall be the duty of the employee is able to return to his/her job provided that notify the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification employer promptly of any changes change in their address address. If an employee fails to do this, the Human Resources DepartmentEmployer will not be responsible for failure of a notice sent by registered mail to reach such employee.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 14.01 The 9.01 An employee will be on probation and shall not acquire seniority of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of until after one hundred and fifty (150) worked hours or ninety (90) calendar days for full- time and four hundred and eighty-seven and during one half (487.5) hours worked or six (6) monthsperiod of employment, whichever comes first, for part- timeand shall then count from the date of employment with the Company. Seniority rights will apply only to Notwithstanding the extent expressly provided in this agreement. 14.02 The seniority of foregoing, an employee hired at the time of a new store opening will be on probation and shall be lost not acquire seniority until after ninety (90) days during one period of employment, and his/her shall then count from the date of employment automatically terminated for any of with the following reasonsCompany. (a) he/she quits his/her employment;The Company shall prepare by store and post a part-time employee seniority list at least once every six months. 9.02 Seniority shall be lost and employment deemed to be terminated if the employee: (a) Voluntarily quits. (b) he/she retires;Is discharged for cause and the discharge is not reversed through the Grievance Procedure. (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company Is laid off for a period of twenty-four six (2426) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;consecutive weeks. (fd) he/she is absent from Fails to return to work at the expiration of a Leave of Absence, without permission a reason satisfactory to the Company. (e) Has an unreported absence for more than three (3) consecutive scheduled working days unless without a satisfactory reason. 9.03 Seniority for all purposes will be on an explanation satisfactory individual store basis except as provided for herein. (a) In the event a store closes, laid off employees of the store that is closing may bump employees with less seniority in other stores, providing they apply within one week of the notification of store closure. Upon completion, they will be integrated in the same department and/or job as soon as possible. In this case they will be credited with seniority equal to their seniority in the closed store. Should such store closing result in the reduction of the scheduled hours of an employee to the extent that such hours are less than those of a junior employee in one of his two (2) closest stores, such employee may request to bump into one of his two (2) closest stores. Such request must be made in writing to the Store Manager within four (4) weeks of the reduction of hours. Such bump shall be implemented within two (2) weeks following the request. In this case they will be credited with seniority equal to their seniority in their previous store. (b) If a new store opens in the area, employees on lay-off will be offered the first opportunity for employment, providing they apply, and will carry their seniority. (c) When additional full-time employees are required the Company is given will give preference to part-time employees, provided that such employees have indicated their prior interest by completing and forwarding to the Labour Relations Department a form supplied by the employee; (g) if an Company. The employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation will receive confirmation in writing from the Sales Manager or Human Resources Manager unless an explanation satisfactory Company within two (2) weeks of receipt by the Company of the request. In order for such form to be valid, employees must submit / renew it in June each year by completing the form and forwarding it to the Company Labour Relations department. The employee must indicate on the form the store(s) of interest. The Labour Relations department shall confirm receipt of each form within four (4) weeks of its receipt. In the application of the above it is given agreed that such positions will be filled on the basis of seniority, skill and qualifications for the job concerned and availability for work. 9.04 Although not a requirement employees may complete a form, provided by the employee; (h) if an Company, indicating their interest in training within their store. Such training shall be assigned to the senior employee who is recalled has applied in writing, providing the employee has the skill and qualifications to work fails warrant the training. 9.05 When the Company advances a part-time employee to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to regular full-time employment, the last address seniority date and classification of the employee shall be posted on the bulletin boards of all stores covered by the Agreement. 9.06 In the event a part-time employee moves from an existing store to a new store, he will retain his seniority in his original store for a period of nine (9) weeks during which time he will have the option to move back should he so desire. In the event he decides to stay in the new store he shall carry his full seniority. (a) In the event the Company opens a new store, part time employees of the stores within the appropriate District Manager's territory shall be given first opportunity to transfer to the new store on the basis of seniority, providing they have the skill and qualifications for the job concerned, and they apply at least two (2) months in advance of the store opening. When additional full time employees are required in the case of a new store opening, the Company will give preference to part-time employees of all stores covered by this Agreement, on the basis of seniority, skill and qualifications for the job concerned, and availability for work, providing such employee has applied for full-time employment at least two (2) months prior to the opening of the new store. 9.07 Service with the Company, which means the total length of time an employee has worked for the Company in all stores will be continuous, regardless of seniority, in order that total service will be the determining factor for Vacations and Wage Rates. 9.08 An employee attending university in another community, who applies for work at a store in that community, shall be employed and given such work as is available on the basis that the Company has in its files for employee's seniority is that employee; of a new hire. The employee may transfer back to his home store with continuous seniority provided he returns within two (i2) If an weeks of the completion of his school year each year. This will not apply if the employee utilizes invokes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources DepartmentArticle 12.03.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 14.01 The seniority of an 10.01 An employee shall be defined as length considered to be on probation until he/she has completed 720 hours of uninterrupted continuous satisfactory service since the last date of hire with the Company. Seniority shall only be credited upon , but shall, on the completion of a probationary period the said service be given seniority rights from the date of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) monthshiring. In the case of intermittent employment, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated hiring date for any seniority purposes shall be 720 hours prior to the date of completion of 720 hours of satisfactory service. 10.02 Seniority shall be accumulated by the time worked in the employ of the following reasonsCompany, plus time lost not in excess of two (2) years, due to each layoff or each leave of absence, except that in no case shall an employee accumulate more seniority while on such layoff or leave of absence, than an amount equivalent to the amount of seniority he/she had on the effective date of such layoff or leave of absence. In the case of leaves granted pursuant to 10.16, this shall be three (3) years. 10.03 Seniority lists, copies of which shall be lodged with the Union and posted on the plant bulletin board at least four (4) times a year, shall be prepared and maintained by the Company as follows: (A) A master seniority list covering all employees who have served their probationary period as provided in section 10.01. (aB) heA seniority list of each occupational group. 10.04 All seniority rights of an employee, who leaves the employ of the Company, shall cease where: (A) He/she quits his/her employment;voluntarily resigns. (bB) heHe/she retires;has been discharged and such discharge is not reversed through the grievance procedure. (cC) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) heHe/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation for reasons other than illness or leave of absence injury without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files having applied for that employee; (i) If an employee utilizes and obtained a leave of absence for purposes other than those a definite period from the Company, unless there is a good reason, acceptable to the Company provided for which it was granted;such failure to meet this time limit. (jD) 1. He/she is absent for seven (7) consecutive days due to illness or injury unless the Company is notified of such condition in writing by the employee or his/her agent within the said seven (7) days, provided, however, that such notification shall be deemed to have been given if the employee is incapacitated to the extent that he/she fails to return to work immediately after cannot notify the Company has been notified by a doctor or Workplace Safety within the time and Insurance Board that in the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees manner aforesaid, unless failure to provide written notification of any changes in their address to the Human Resources Departmentis for good reason.

Appears in 2 contracts

Samples: Collective Labour Agreement, Collective Labour Agreement

SENIORITY. 14.01 The seniority of an employee 5.01 Seniority shall be defined as the length of uninterrupted continuous service since in the last date of hire bargaining unit a full time or part time employee has established with the Company. Seniority Corporation and shall only be credited upon accrue from the completion date the full time or part time employee last entered the employ of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementCorporation. 14.02 The 5.02 Temporary employees shall not accumulate seniority of an except that a full time or part time employee shall be lost granted seniority for the period served as a probationary employee in accordance with the provisions of Article 6. 5.03 An employee shall lose his seniority and his/her employment automatically terminated for any of his name removed from the following reasons.records if he: (a) he/she quits his/her employmentvoluntarily; (b) he/she retiresis discharged for just cause, subject to being reinstated through the grievance procedure; (c) he/she is discharged for just cause and is not reinstatedretires; (d) he/she does not perform work for the Company is laid off for a period of exceeding twelve (12) months in the case of lay-offconsecutive calendar months; (e) he/she does not perform fails to report for work for after a layoff within five (5) working days of recall notice by registered mail to the Company for a period of twenty-four (24) months for any other reason other than lay-offlast address, provided that the Company has met its obligations to accommodate which the employee under any applicable legislationhas filed with the Corporation unless the employee provides the Corporation with documented evidence of sickness or other unavoidable reasons for not reporting for work; (f) he/she is absent from work without permission for more than three (3) consecutive working days or more, unless an explanation satisfactory to the Company is given by employee provides the employeeCorporation with documented evidence of sickness or other unavoidable reasons for not reporting for work; (g) if an employee overstays is absent due to non-occupational illness or injury for a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employeeperiod exceeding eighteen (18) months; (h) if an is absent due to occupational illness or injury for a period exceeding 24 months. 5.04 An employee who is recalled to shall maintain Corporation Service at the level attained when absent from work fails to return within ten for the following reasons: (10a) leave of absence in excess of thirty (30) calendar days of mailing of notification to return. Such mailing shall be granted by registered mail to the last address written permission of the employee that the Company has in its files for that employeeCorporation; (ib) If an employee utilizes during a layoff for a period of up to twelve (12) consecutive calendar months; (c) for a period of sickness or disability. 5.05 The Corporation will compile a seniority list every twelve (12) months and post on the bulletin board. A copy of this seniority list shall be forwarded to the Local Union Business Representative by the end of January of each year. 5.06 An employee, while on approved leave of absence for purposes other than those for which it was granted; (j) hefamily/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety medical emergency/pregnancy/parental and/or adoption leave purposes, shall maintain and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentaccumulate seniority.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 14.01 12.01 The term "seniority" as used herein shall mean accumulated service calculated from the employee's hiring date as described in Clause 11.01. 12.02 In the case of equality in seniority of an employee ranking, seniority shall be defined as length determined by the alphabetical order of uninterrupted service since the employees last date names. The status of hire seniority shall not decrease or advance because of a name change. 12.03 An employee will lose their seniority and their employment with the Company. Seniority shall only Company will be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons: a) If they voluntarily quit. (a) he/she quits his/her employment; (b) he/she retires;If they are discharged, and not reinstated through the grievance and/or arbitration procedure. (c) he/she is discharged for just cause and is not reinstated;If they retire. (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate If the employee under any applicable legislation; (f) he/she is absent from work without permission Company approved leave of absence, for more than three (3) consecutive working days, without a valid reason. i) The Company will notify laid off employee(s) to return to work by registered mail to their last known address, and they will be allowed no more than five (5) working days from the Delivery Confirmation date (confirmation date is the date the item has arrived at its destination) to report for duty, unless an explanation satisfactory such failure to report is due to injury, illness, accident or other substantial cause not of the employee's doing which makes it impossible for them to notify the company within the time period outlined above and provided the employee does notify the Company as soon as possible thereafter. A copy of the registered letter will be provided for the Plant Chairperson, at the time of mailing. ii) If an employee(s) is given by the employee; (g) at work with another employer they will not lose seniority if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to they report for work with the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar working days following their notice of recall, as outlined in Clause 12.03 (e)(i), and they present a "Record of Employment Certificate" to the Company within ten (10) working days of mailing of notification returning to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;work. (if) If an employee utilizes overstays a Company approved leave of absence absence, for purposes other more than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.three

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 14.01 The 1. Seniority is defined as the length of time an Employee has been continuously employed on a full time basis by the Employer including all positions outside of the bargaining unit. Part time Employees accrue pro-rata seniority. 2. An Employee’s seniority shall commence on the date of his/her last hire, and shall accrue during his/her continuous employment with the Employer. 3. An Employee shall neither accrue nor lose seniority while he/she is on layoff or an employee unpaid leave of absence or any absences while he/she is not being paid by the Employer. 4. An Employee shall lose seniority, and seniority shall be defined as length of uninterrupted service since broken if the last date of hire with the Company. Seniority shall only be credited upon the completion of Employee a. Voluntarily resigns; or b. is discharged; or c. fails to report to work after a probationary period of ninety layoff within fourteen (9014) calendar days after recall sent certified mail by the Employer to the Employee at his/her address of record on file with the Employer, except where verifiable serious illness or other provable reason acceptable to the Employer makes it impossible for full- the Employee to return on time and four hundred provided the Employee notified the Employer of the reason within three (3) days after recall; or d. fails to report to work at the expiration of a leave of absence pursuant to this Agreement, except where verifiable serious illness or other provable reason acceptable to the Employer makes it impossible for the Employee to return on time and eightyprovided the Employee notifies the Employer of the reason within three (3) days prior to expiration of the leave of absence; or e. fails to apply for re-seven employment within the statutory period after separation from military service; or f. is laid off for twelve (12) months. 5. An Employee whose seniority is lost for any of the reasons outlined in Paragraph 4 above shall be considered as a new Employee if he/she is again employed by the Employer. The failure of the Employer to re-hire said Employee after the loss of seniority shall not be subject to the grievance and one half (487.5) hours worked or arbitration provisions of this Agreement. 6. Upon written request by the Union, the Employer will provide an updated seniority list to the Union every six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons. (a) he/she quits his/her employment; (b) he/she retires; (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 14.01 The (a) Probation – Employees shall acquire seniority after a probationary period of an employee shall be defined as length of uninterrupted service since the last date of hire three (3) months worked with the Company. Seniority shall only be credited upon will then date back three (3) months from the completion of the probationary period. (b) It is recognized and agreed that probationary employees may be terminated during their probationary period for failure to meet acceptable standards as determined by the Company, provided that it does not violate the Ontario Human Rights Act, Workers Compensation Act or Ontario Labour Relations Act. (c) In order that the Company can better evaluate a probationary period of ninety (90) calendar days employee, such employee, shall not have the right to bid for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementa posted vacancy. 14.02 The 8.02 An employee’s seniority of an employee rating shall be lost and his/her employment automatically terminated for any of the following reasons.all purposes: (a) he/she quits his/her employmentif he quits; (b) he/she retiresif he is discharged for just cause; (c) he/she if he is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company laid off either for a period of twelve time equivalent to his length of service with the Company, or for twenty-four (1224) months, whichever is the shorter, or for thirty (30) months in the case of lay-offan employee with more than ten (10) years seniority; (d) if, after layoff he fails to notify the Company of his intention to return to work within three (3) working days and fails to return to work within five (5) working days after he has been notified to do so by the Company by registered mail to his last address listed on the Company’s records; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she if he is absent from work without permission for more than three (3) consecutive working work days without notifying the Company, unless an explanation a satisfactory to the Company reason is given by upon return to work, except where circumstances beyond the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address control of the employee that prevents him from notifying the Company. (a) A copy of the seniority list will be posted in the plant every four (4) months and a copy which will include the classification of each employee listed will be supplied to the local union’s president. (b) It shall be the duty of the employee to notify the Company has in its files for that employee; (i) promptly of any change of their address or phone number. If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails should fail to return to work immediately after do this, the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able shall not be responsible for failure of notice to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentreach such employee.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 14.01 The (a) Seniority for full time employees shall mean length of continuous service in the employ of the Employer since the most recent date of hire. (b) Seniority for part-time employees shall mean the number of hours worked since the most recent date of hire. 11.02 Separate seniority lists shall be maintained for permanent full time and permanent part-time employees by the Employer. A copy of each seniority list will be supplied to the Union during April and September of each year. If there are no objections to the accuracy of the list raised within thirty (30) calendar days from the date the list was provided to the Union, it shall be accepted as correct for all purposes. 11.03 Seniority shall be retained by an employee in the event she is transferred from full time to part-time or vice versa. In the case of an employee whose status is changed from part-time to full time, she shall be defined as length receive credit for seniority on the basis of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) 1800 hours worked or six equals one (61) months, whichever comes first, for part- timeyear of seniority. Seniority rights will apply only to In the extent expressly provided in this agreement. 14.02 The seniority case of an employee whose status is changed from full time to part-time, she shall receive credit for seniority on the basis of one (1) year of seniority equals 1800 hours worked. 11.04 An employee shall lose all seniority and shall be lost and his/her employment automatically deemed terminated for any of the following reasons.if: (a) he/she employee quits his/her employmentor resigns; (b) he/she retiresemployee is discharged and the discharge is not reversed through the Grievance or Arbitration Procedures; (c) he/she employee is discharged absent from scheduled work for just cause and is not reinstateda period of two (2) or more consecutive days without notifying the Employer of such absence or providing a reason satisfactory to the Employer; (d) he/she does not perform employee fails to return to work for upon the Company for expiration of a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes utilize a leave of absence for purposes a purpose other than those that for which it was granted; (je) he/employee has been laid off for eighteen (18) months or more; (f) employee fails, upon being notified of a recall, to respond to the recall within three (3) days after she has received the notice of recall, or fails to return report to work immediately within five (5) days after she has received the Company has been notified by a doctor or Workplace Safety and Insurance Board that the notice of recall; (g) employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address absent from work for twenty-four (24) months or more subject to the Human Resources DepartmentRights Code.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 14.01 10.01 The term "seniority" as used herein, shall mean accumulated service calculated from the full-time employee's original hiring date, as described in Clause 9.01. 10.02 In the case of equality in seniority of an employee ranking, seniority shall be defined as length of uninterrupted service since the last date of hire determined by alphabetical order. 10.03 An employee will lose his seniority and his employment with the Company. Seniority shall only Company will be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) monthsterminated, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.: (a) he/she quits his/her employment;If he voluntarily quits, (b) he/she retires;If he is discharged, and not reinstated through the grievance procedure, (c) he/she If he is discharged for just cause and is not reinstated;retired, under the Company retirement policy, (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate If the employee under any applicable legislation; (f) he/she is absent from work without permission Company approved leave of absence, for more than three (3) consecutive working days, e) If he fails to return to work within three (3) days of being recalled from layoff unless an explanation satisfactory otherwise agreed between the Company and the employee. Contact by way of telegram or registered letter mailed to the Company is given by last known address of the employee;employee shall constitute a reasonable effort at recall on the part of the Company. (gf) if If an employee overstays a vacation or Company approved leave of absence without securing the receiving an extension in writing of such leave of absence or vacation from the Sales Manager or Human Resources Manager absence, unless an explanation satisfactory he has valid reason acceptable to the Company is given by Company, g) If he accepts gainful employment while on a leave of absence without first obtaining the employee;consent, in writing, of the Company, (h) if If an employee who is recalled to work fails to return within ten laid off for a period of twelve (1012) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;months. (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by absent because of non-occupational sickness or injury for a doctor period in excess of twelve (12) months, or, in the event of workers’ compensation injury or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. illness for a period in excess of eighteen (18) months. 10.04 It will shall be the responsibility of employees the employee to provide written notification notify the Company in writing promptly of any changes change in their address and phone number. 10.05 Employees who are or have been appointed or selected for a supervisory position, or for any position not subject to the Human Resources Departmentprovisions of this Agreement, will not be covered by the provision of this Agreement. An employee transferred to a job outside the bargaining unit, but within the Company will be placed on a sixty (60) day probation. If at the end of the sixty (60) days they remain on the supervisory position they will lose all rights to return to the bargaining unit. 10.06 The Company will post a plant seniority list on the main bulletin board. This list will be revised every six (6) months. At the time the plant list is revised a copy of the list will be given to the plant chairperson.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 14.01 The seniority of an 1) An employee shall be defined as length acquire seniority status after he has been in the employ of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of Company for a probationary period of ninety (90) calendar consecutive days. On completion of his probationary period, his seniority date shall be the date of his commencing work for the Company and shall accumulate thereafter. 2) Seniority accumulated, as defined above, shall be broken for the following reasons and the employee's name shall be removed from the seniority list: a) If the employee quits; b) If the employee is discharged, and the discharge is not reversed through the grievance procedure; c) If the employee is absent for more than his period of employment or 90 days, whichever is less, (except through illness or accident) confirmed by a doctor's certificate, or for a leave of absence in writing granted by an official of the Company; For employees of the Company at January 21, 2005, article 14(2)(c) will remain in effect in its current form. It is understood that any such current employees who have their names removed from the seniority list by operation of article 14, if rehired by the Company will be rehired as new employees, with the amended provisions of Article 14(2)(c) applicable to them. d) If an employee on official leave of absence no longer pays union dues or is ineligible to receive a union withdrawal card or an unemployment stamp. e) If the employee on lay-offs fails to report for work within one day after having been so notified either verbally or by telephone or registered mail or telegram at his last known address or telephone number. It shall be the responsibility of the laid-off employee to inform the Company in writing of current address and telephone number. If the employee calls within the seven days he retains his seniority. However, he has no right to bump the employee who took the job the call was for. We will run down the full seniority list of his trade before we call him again for full- time another job. If the employee refuses three consecutive recalls, of 5 days work or longer, during a layoff period he loses his seniority. f) When an employee accepts a position in the Company, outside the bargaining unit, and four hundred such position extends beyond one (1) year then they will lose all rights to return to the bargaining unit with seniority. If they return to the bargaining unit company service will only determine any benefit rights accruing, they will not be able to use such service to affect a bargaining unit employee. 3) If a person is on official leave of absence for more than one month, unless it is for union business, attendance at an educational institution or illness covered by a medical certificate, he shall not accumulate seniority while on such leave or absence. 4) Layoffs will be conducted according to the seniority list. Employees with seniority shall have the right to displace a junior employee provided that the senior employee is qualified and eightycapable of doing the work available. For the purpose of lay-off only, all Union Committee Members, shall have top seniority during their term of office, provided they are qualified and capable to do the work that is available. This is to exclude Shop Stewards. Employees laid off seven (7) working days or less shall be laid off according to the seniority list on the job site. Senior employees shall have the right to bump junior employees on the job site provided they are qualified and one half (487.5capable of doing the work available. Employees who are not recalled by 2:00 P.M. of the seventh working day of their layoff shall have the right to bump the junior employee on the Company's seniority list. If a customer advises the Company that an employee is barred from their premises for just cause the employee concerned and the Union shall be advised in writing. The employee will then not be able to exercise seniority in that plant, or on the job site. 5) hours worked or six (In all cases of recall, employees shall be recalled in the reverse order of the layoffs on the basis of their seniority. 6) monthsLaid off employees unable to report to work because of sickness or military service will be carried on as laid off and listed accordingly to their seniority. 7) Seniority lists shall be updated each time there is a change and said list shall be posted on the Bulletin Board for the convenience of the employees, whichever comes first, with a copy for part- timeeach committee person. Seniority rights will apply only Such posting to be done no sooner than one month after a change and any other changes that have occurred after the 1st change and prior to the extent expressly provided posting will be included in this agreementthe updated posting for the month. 14.02 The seniority of an employee 8) Employees to be laid off shall be lost and his/her employment automatically terminated for any given at least one hour's notice of layoff or one hours' pay in lieu. 9) The Company will notify the Union Committee Chairman in writing of all employees who are laid off and/or recalled. Such information will be provided within three (3) working days of "such action being taken", or earlier if requested specifically by the Union Chairman. 10) Members will be called according to their seniority by the employer with a member of the following reasons. (a) he/she quits his/her employment; (b) he/she retires; (c) union committee being present. If a member cannot be reached then the next member is called. This procedure will continue until a member is reached and is willing to report to work. If a member is reached that is out of seniority, that member will be advised that he/she is discharged for just cause being recalled out of seniority and is not reinstated; (d) will be subject to the bumping rights of any member in his trade that has more seniority after he/she has worked at least five (5) consecutive days or at the termination of the emergency work, whichever is less. The Union Committee members will attempt to reach the more senior members and advise them to call the employer and advise them of their intent to bump the recently hired member. The employer will also try to contact the members that were not reached. If after seven (7) working days a member with more seniority cannot be reached then they will lose their bumping rights and must then wait for the next recall. Note: This does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentway affect Article 14 "Seniority" Section 2e.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 14.01 32.01 Seniority, as referred to in this Agreement, shall mean the length of continuous service with the Employer since the date of last hiring with the Employer. A new employee shall be subject to a probationary period as set out in Article 30 – Probation. Upon successful completion of the probationary period, the employee will be credited with seniority from the initial date of hire. It is agreed that work on any part of a day counts as a day worked for the purpose of completion of the probationary period. 32.02 Seniority for part-time employees shall be calculated on a 32.03 The seniority continuous service of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only deemed to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically with the Employer shall be terminated for any of the following reasons.if he/she: (a) resigns; b) is discharged; c) is absent for three (3) or more scheduled consecutive days of work without notifying the Employer, unless he/she quits provides a satisfactory reason for his/her employmentfailure to so notify the Employer; (b) he/she retires; (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company is laid off for a period of twelve (12) months in the case of lay-offor longer; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return notify the Employer within ten seven (107) calendar days of mailing receipt of notification notice of recall, or fails to returnreport within seven (7) calendar days from receipt of such notice, or at the date specified in the recall notice as the case may be. Such mailing shall Notice of recall may be by telephone or e-mail, and may be confirmed by registered mail to the employee’s last address of registered with the employee that Employer. If notice is sent by registered mail, it shall be deemed to have been received on the Company has in its files for that employeesecond day following registration; (if) If an employee utilizes a any leave of absence for purposes a purpose other than those that for which it the leave was granted; (j) he/she , or fails to return to work immediately after the Company has been notified by expiry of a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility leave of employees to provide written notification of any changes in their address to the Human Resources Departmentabsence.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. 14.01 5.1 The seniority of an employee unit shall be defined as length of uninterrupted service since the last plant wide. 5.2 Seniority is continuous service, which shall be calculated from date of hire first employment or re-employment following a break in continuous service, whichever occurs later. When two or more employees are hired on the same day, the employee with the Company. Seniority lowest last four (4) digits in their social security number shall only be credited upon senior to the completion employee with the highest last four (4) digits. 5.3 New employees and those hired after a break in continuity of a service will be regarded as probationary period of employees for the first ninety (90) calendar days for full- time and four hundred will receive no continuous service credit during such period. Probationary employees may file and eighty-seven and one half (487.5) hours worked process grievances under this Agreement, but may be laid off or six (6) months, whichever comes first, for part- timedischarged as exclusively determined by the Company. Seniority rights will apply only Probationary employees who continue in the service of the Company subsequent to the extent expressly provided in this agreementfirst ninety (90) calendar days shall receive full continuous service credit from date of the most recent hiring. 14.02 The 5.4 An employee covered by this Agreement shall lose his entire seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.if: (a) he/she quits his/her employment5.4.1 He voluntarily quits; (b) he/she retires; (c) he/she 5.4.2 He is discharged for just cause and is not rehired within six (6) months or reinstated; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she 5.4.3 He is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory without notifying local management. 5.4.4 The employee is on layoff or disability for a period of three years or 50% of his seniority attained at the start of such absence, whichever is less. 5.4.5 He fails to answer recall within five (5) days of notice from the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to providing the Company is given confirms recall by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered certified mail to the last address of record. It is the sole responsibility of the employee that to advise the Company has of any address changes. The address of record will be maintained by the Company. 5.4.6 He retires from the Company. 5.5 Leaves of Absence 5.5.1 A leave of absence for the purpose of accepting a position with The Cement, Lime, Gypsum and Allied Workers Division at the Local, district, or international level, or the AFL CIO or any of its subordinate bodies, shall be available to not more than one (1) employee at any one time. Applications for such leave shall be submitted to the Company in its files writing thirty (30) days prior to the effective date of such leave to permit proper provisions to be made to fill the job to be vacated. Leaves of absence for that employee;this purpose shall be for two years, which can be extended by mutual agreement. Group insurance coverage shall be suspended after thirty (30) days of such leave. All insurance coverages will be reinstated upon returning to work with the Company. Upon returning to work such employee will be reinstated on his former job, providing it is still in existence; if not, he shall be eligible to apply for any job within the bargaining unit by means of the existing bidding procedure or by bumping. 5.5.2 Up to two (i2) If employees, may be excused from work for up to two (2) weeks in a calendar year for the purpose of attending an International Union meeting or convention. Applications for such leave shall be submitted in writing fifteen (15) days prior to the effective date. Supervisor will need to approve based on business demands and current employee utilizes out on personal time. 5.5.3 Any employee detained from work on account of sickness or for any other good reason shall notify his Xxxxxxx, before the start of his shift. Any employees absenting themselves from work for five (5) consecutive days without good and satisfactory reasons may be discharged and dropped from the seniority list and payroll of the Company. Repeated unauthorized absences of any kind of less than five (5) days shall be subject to the progressive disciplinary procedure. 5.5.4 Subject to the approval of the Company, employees requesting a leave of absence in writing for purposes other personal reasons may be granted leaves of absence not to exceed thirty (30) calendar days. 5.6 College students will work no more than those for five (5) months within a calendar year. The selection of College students is at the sole discretion of the Company. 5.6.1 No college student will be hired when any regular employee is on layoff 5.6.2 All college students must sign an appropriate form which it was granted;will spell out the terms of their employment including but not limited to an agreement to commence their employment on a specified date and terminate their employment on a specified date. Such dates must be in accordance with the time period specified in this section. (j) he/she fails 5.6.3 The term of employment will not be extended unless mutually agreed to return to work immediately after by both the Company has been notified by and the Local Union Committee 5.6.4 College students shall not accumulate seniority nor be eligible to bid on any new job or vacant job, which may occur during their terms of employment. 5.6.5 A college student will not become eligible for a doctor or Workplace Safety floating holiday and Insurance Board that will not have any vacation rights. 5.6.6 College students will not participate in the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislationCompany's pension and insurance programs. It The above will be the responsibility of employees in full force and effect, except that if any portion is found to provide written notification of be contrary to any changes in their address federal, state or local law, it shall be changed to the Human Resources Departmentcomply with said law.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. 14.01 The 10:01 Unless otherwise stated, as in Article 4.02 (b), seniority as used in this Collective Agreement shall mean length of service from the employee's first day on the job. 10:02 Seniority shall accrue from the first day on the job following being hired or rehired by the Employer or a Board over which this Employer now has jurisdiction. 10:03 An employee ceases to be an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated Board for any of the following reasons.: (a) he/she quits his/her employmentresigns; (b) he/she retiresis discharged and not reinstated through the grievance or arbitration procedure; (c) he/she fails to return from leave of absence, vacation or suspension unless such absence is discharged for just cause and is not reinstated;proven to the satisfaction of the Employer to have been due to causes beyond the employee's control. (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three two (32) consecutive working days unless an explanation satisfactory such absence is proven to the Company is given by satisfaction of the Employer to have been due to causes beyond the employee's control; (ge) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory he/she fails to the Company is given by the employee; (h) if an employee who is recalled report to work fails to return after a lay-off within ten seven (107) calendar days after receiving delivery of mailing notice of notification to return. Such mailing shall be recall by registered mail to the last address of the employee of which the Employer has record, unless such failure is proven to the satisfaction of the Employer to be due to causes beyond the control of the employee. An employee is responsible for advising the Employer in writing of his/her address from time to time while he/she is on lay-off; (f) he/she is laid off for a period longer than thirty-six (36) consecutive months, with the exception that the Company Educational Assistants shall retain their right of recall for sixty (60) months. (g) he/she retires or is retired; (h) he/she has been on indefinite leave of absence in its files accordance with Article 20:04 for that employee;a period of two (2) years. (a) All new employees will be hired on a probationary basis for a period of fo rty- five (45) working days, subject to Articles 4:03 (c) and/or 4:04 (c). (i) If Permanent Seniority List - A new employee shall be listed by name and seniority date, on the seniority list and shall henceforth be considered a permanent employee with all of the rights and obligations of this Agreement. (ii) New employees hired on the same day will have their Seniority ranked on the seniority list by means of a lottery. At least one union officer will be present for the process. 10:05 The selection and promotion of employees to positions outside the bargaining unit are not governed by this Agreement. In the event an employee utilizes is or has been promoted to any such position and is, within two (2) years, returned to a leave of absence for purposes other than those for which it was granted; (j) position within the bargaining unit, he/she fails to return to work immediately after shall be credited with the Company has been notified by a doctor or Workplace Safety and Insurance Board that seniority attained at the employee is able to return to time of his/her job provided that promotion but shall not accumulate further seniority during the Company has met its obligations period outside the bargaining unit and upon his/her return he/she shall be placed in a position consistent with his/her qualifications and seniority. The provisions of Article 11:09 will also apply to accommodate the employee under any applicable legislation. It will be the responsibility of employees this Article. (a) The Employer agrees to provide written notification of any changes in their address provide, to the Human Resources DepartmentUnion, in duplicate, plus one copy to each location, an accurate Seniority List by the 15th day of April and the 15th day of October of each year to include, employee name, job classification and seniority date and regularly scheduled hours of work per week.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The seniority 12.01 Seniority as referred to in this Agreement shall mean the length of an employee continuous service in the employ of the Company since the most recent date of hire. Seniority shall be defined as length Bargaining Unit wide. 12.02 A newly hired employee will be considered on probation for a period of uninterrupted service since sixty (60) days worked from the last date of hire with during which time the Company. Seniority shall only employee may be credited upon terminated by the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only Company without recourse to the extent expressly provided in this agreement. 14.02 Grievance and Arbitration Procedure. After sixty (60) days worked, the employee's seniority shall date back to the most recent date of hire. The seniority of an employee shall be lost placed on the full-time or part-time seniority list, as the case may be. a) It is therefore agreed that in all cases of vacancy, shift assignments, scheduling working hours, non-disciplinary demotion, transfer, layoff and his/her employment automatically terminated recall from layoff, senior employees shall be entitled to preference, as provided for any below. b) In recognition however of the following reasonsresponsibility of Management for the operation of the store; it is understood and agreed that in all cases referred to in Section 12.02(a), Management shall have the right to pass over any employee if it is established that the employee cannot perform the normal requirements of the job. (12.03 A break in seniority shall be deemed to have occurred and employment shall be terminated if an employee: a) he/she quits his/her employmentvoluntarily resigns; (b) he/she retires; (c) he/she is discharged for just cause and reasonable cause, and is not reinstatedreinstated in accordance with the provisions of this Agreement; c) is laid off and fails to return to work within five (5) days of being notified by registered mail to the employee's last known address of a recall to work. d) he/she does not perform fails to return to work after the expiration of an authorized leave of absence without a reason satisfactory to the Company; e) is on layoff for more than twenty-four (24) consecutive months; f) retires; g) is absent without permission for three (3) consecutive working days without notifying the Company Company, unless the employee has a reasonable excuse for failing to notify. h) uses an authorized leave of absence for a purpose other than that for which it was granted; or i) is absent from work due to non-occupational sickness or accident for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period excess of twenty-four (24) months for any other reason other than laymonths. 12.04 The Unit President will be issued an up-offto-date seniority list every four (4) months. A copy will also be posted in the store. The list given to the Union shall contain the employees' job classifications, provided current rates of pay, latest addresses and telephone numbers. 12.05 In the event of a layoff, employees shall be laid off in the inverse order of seniority and will be entitled to claim the job of another employee, subject to the following: a) that the Company has met its obligations to accommodate job being claimed is not within a higher paid occupational classification; b) that the employee under any applicable legislationclaiming such other job has the ability and qualifications to meet the normal requirements of the work to be done; (fc) he/she that such other job is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given held by the employee with the least seniority in the occupational classification concerned; and d) that a part-time employee shall not be permitted to bump a full-time employee; (ge) if that the employee claiming another job will be given an employee overstays opportunity to perform the job with a vacation or leave training period of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar working days which may be extended by mutual agreement of mailing of notification to return. Such mailing the parties. 12.06 Employees who are on layoff shall be by registered mail recalled in order of seniority, provided that they have the ability and qualifications to perform the normal requirements of the available work. 12.07 Whenever it becomes necessary to reduce the workforce, the employee affected shall be given notice in writing in advance of the date of layoff or pay in lieu thereof, as per the Employment Standards Act. The Union will be notified in writing prior to the last address affected employee and the notice will include the expected duration of the employee that layoff. 12.08 The Company will supply the Company has Unit President of the Union, or in its files for that employee;their absence, a Union Xxxxxxx, monthly, with the names of persons who have been: (i) If an employee utilizes a leave 1. Recalled to Work 2. New Hires 3. Failed to give notice of absence for purposes other than those for which it was granted; (j) he/she fails their intention to return to work immediately after when notified 4. Quits 5. Absent through sickness or accident for one (1) full week 6. Change of address 12.09 Any employee displaced from their position due to workforce reductions or any other reason not within the Company has been notified by a doctor or Workplace Safety and Insurance Board that control of said employee shall have the right to bump another employee in the Bargaining Unit, in any job classification, subject only to the following: a) The employee is able to perform the minimum requirements of the job. b) A part-time employee shall not be permitted to bump to a full-time position. c) The employee is restricted to bumping the most junior employee in the job classification. 12.10 An employee promoted to any position outside of the Bargaining Unit shall accumulate seniority for a period of six (6) months following such transfer. Should such employee return to his/her job provided the Bargaining Unit during this six (6) month period, the employee shall be returned to their previous job. It is agreed that the Company has met its obligations six (6) month period may be extended up to accommodate twelve (12) months by the employer requesting such extension from the Union. The Union agrees to not unreasonably deny this request. 12.11 Job Postings: Permanent vacancies in new or existing Bargaining Unit jobs shall be posted for a period of seven (7) days. An employee desiring to be considered for a vacancy must apply for such job during the posting period. 12.12 Permanent vacancies shall be filled from among the applicants on the basis of their seniority, subject to the employee under any applicable legislationhaving the ability and qualifications to meet the normal requirements of the work to be done. 12.13 Any employee who is unsuccessful in obtaining a job through a posting will, upon request, be told the reason for not obtaining the job. It The names of successful applicants will be posted on the responsibility bulletin board. 12.14 An employee who is successful on a job posting shall be given a trial period of employees ten (10) working days which may be extended by mutual agreement of the parties. An employee found to provide written notification of any changes in their address be unsuitable within the ten (10) working days or who expresses dissatisfaction with the job shall be returned to the Human Resources Departmentemployee's previous job classification.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The 12.01 An employee will be considered probationary for the first one thousand (1000) hours worked and will have no seniority of an employee rights during that period. After one thousand (1000) hours worked his seniority shall date back to the date he started work. 12.02 Layoffs which are anticipated to exceed three (3) working days and recalls after such lay- offs shall be defined as length based upon the following factors: (a) unit-wide seniority; (b) skill and ability. It is understood that where the qualifications referred to in factor (b) above are relatively equal in the judgment of uninterrupted service since the last date of hire Company, factor (a) will govern. If the Union disagrees with the Company. Seniority 's judgment, such judgment shall only be credited upon subject to the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. grievance procedure. 12.03 Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee and employment shall be lost and his/her employment automatically terminated cease for any of the following reasons.: (a) he/she If an employee quits his/her employmentor retires; (b) he/she retiresIf an employee is discharged and the discharge is not reversed through the grievance procedure; (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company If an employee has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is been absent from work without permission for more than three (3) consecutive working days without notifying the Company and providing a reasonable explanation for this absence, unless an explanation satisfactory the failure to notify the Company is given by due to circumstances beyond the employee's reasonable control; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (id) If an employee utilizes a fails to report to work promptly upon termination of an authorized leave of absence for purposes other than those for which it was grantedabsence, unless the failure to return promptly is due to circumstances beyond the employee's reasonable control; (je) he/she fails Failure of an employee to report for work within one (1) week when recalled by the Company after a lay-off, or failure of the employee to inform the Company within three (3) working days of recall that he will report for work, unless the failure to report or the failure to inform the Company is due to circumstances beyond the employee's reasonable control. Notice to return to work immediately after shall be in writing and shall be deemed to be sufficient if sent by registered mail or telegram to the Company has been notified by employee's last known address on file with the Company; (f) If a doctor or Workplace Safety and Insurance Board that the seniority employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility laid off for a period in excess of employees to provide written notification of any changes in their address to the Human Resources Department.twelve

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. 14.01 Seniority as referred to in this Agreement, will be on a plant wide basis. The seniority of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Company will compile Seniority shall only be credited upon the completion of a probationary period of ninety Lists every three (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (63) months, whichever comes first, for part- time. A copy of such Seniority rights List will apply only be posted in the plant and a copy given to the extent expressly Union. A subsequent seniority list, including addresses, postal codes, telephone numbers and rates of pay will be provided in this agreement. 14.02 The seniority to the Union Area Office on or about December 31st of an employee shall be lost and his/her employment automatically terminated for any of the following reasonseach year. (a) he/she quits his/her employmentEmployees will accumulate seniority when absent from work, under the following conditions. (i) During the first six calendar months of any absence due to layoff, leave of absence, non-occupational accident or sickness for employees having 12 months seniority or less as of the date the absence commenced; (bii) he/she retiresDuring the first twelve calendar months of any absence due to layoff, leave of absence, non- occupational accident or sickness for employees having over twelve months seniority as of the date the absence commenced. 14.03 Seniority rights of an employee will cease and his employment will automatically terminate when: (i) the employee is discharged, and not subsequently reinstated through the grievance or arbitration procedure; (cii) he/she the employee resigns (iii) the employee has been on layoff for a continuous period of twelve months or the employee's seniority, whichever is discharged less, for just cause and is not reinstatedall employees with one year's seniority or less - for employees with more than one year of seniority the employee has been on layoff for a continuous period of two years; (div) he/she does not perform work the employee has been on layoff for a continuous period of less than the period outlined in 14.03 (iii) and who, when notified by registered mail or by telegram addressed to the last address the employee has recorded with the Company, fails to notify the Company for a period within three working days excluding date of twelve (12) months mailing that the employee is intending to return to work and unless the employee returns to work as soon as possible after receiving notice and in any event within seven days of the case mailing or other communication of lay-offsuch notice; (ev) he/she does not perform the employee fails to report back to work after the expiration of the term of a leave of absence or any extension thereof granted by the Company; (vi) the employee is absent from work for more than two consecutive working days without reporting the Company absence unless absent due to verifiable illness or unless there was reasonable justification for a period of twenty-four such absence. (24vii) months the employee uses such leave for any other reason other than lay-off, provided that then the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those one for which it was granted; (j) he/she fails 14.04 Any employee returning to the bargaining unit will be added to the seniority list as a new hire. This employee will return to work immediately after the Company has been notified by lowest classification unless there is a doctor or Workplace Safety and Insurance Board vacant position to which there are no successful applicants. 14.05 The President will have top seniority while holding the office of President in the Local Union, provided, however, that the employee is able President has the ability to return to his/her job provided that perform the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentavailable job.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. 14.01 The seniority of an employee 19.01 Seniority as referred to in this Agreement shall be defined as mean length of uninterrupted service since in the bargaining unit dating back to the last date of hire and shall be applied on a bargaining unit-wide basis. 19.02 An employee shall lose his or her seniority and shall be deemed to have terminated employment in the following circumstances: a) if he or she voluntarily quits his employment with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons. (a) he/she quits his/her employmentEmployer; (b) he/she retires; (c) he/that he or she is discharged for just cause and is not reinstatedreinstated through the grievance or arbitration procedures; (dc) he/that he or she does not perform is off work because of lay-off, accident or illness for the Company for a period of twelve (12) months in or the case length of the employee’s seniority, whichever is shorter; d) fails to notify the Employer within three (3) working days that he or she will report to work after being notified by the Employer to report for work or subsequently fails to report for work within five (5) working days after being notified by the Employer by registered mail to report for work following lay-off;off unless a reason satisfactory to the Employer is given. (e19.03 An employee shall accumulate seniority under any of the following conditions: a) he/she does not perform when actually at work for the Company Employer; b) when absent on vacation with pay, on plant holidays, approved leave of absence in accordance with Article 11 (up to three (3) months of absence); c) during any period when he or she is prevented from performing his or her work for the Employer by reason of illness, accident and/or injury arising out of and in the course of his or her employment for the Employer and for which he or she is receiving compensation under the provisions of the Workers’ Compensation Board Act for a period of twenty-four up to twelve (2412) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;months. (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an 19.04 An employee who is recalled does not qualify to work fails accumulate seniority under Article 19.03 shall maintain his or her existing seniority, unless and until he or she loses same pursuant to return within ten (10) calendar days of mailing of notification to return. Such mailing Article 19.02. 19.05 Employees shall be by registered mail required to notify the Employer of any change of address or telephone number. The Employer shall be entitled to rely upon the last address of the employee that the Company has in its files for that employee; (i) If and telephone number furnished to it by an employee utilizes for all purposes. 19.06 Seniority lists shall be revised and posted in the workplace every six (6) months and a leave copy sent to the Union. 19.07 In the event of absence layoffs and for purposes other than the purpose of recalling those for which it was granted; (j) he/she fails to return to work immediately after the Company has who have been notified by a doctor or Workplace Safety and Insurance Board that laid off, seniority shall govern as long as the employee is able to return to his/her job provided that perform the Company has met its obligations to accommodate the employee under any applicable legislation. It available work. 19.08 Employees returning from leave as spelled out in Article 11 or Article 19.03b) will be returned to their former shift and former duties within two (2) days of returning to work or within one (1) week if absent or leave was more than five (5) working days subject to position existing and the responsibility seniority provisions of employees the Collective Agreement. 19.09 In the event that an employee covered by this Agreement should be promoted to provide written notification a supervisory or confidential position beyond the scope of any changes the Agreement, as defined in their address to Article 1 – Recognition, he or she shall regain his accumulated seniority for a one (1) year period from the Human Resources Departmentdate of appointment or length of seniority, whichever is shorter. Following the expiry of the preceding limits the employee’s name shall be considered deleted form the seniority list, except for the purposes of vacation pay percentages.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The seniority ‌ 7.01 Seniority is defined as the length of an employee employee's service within the bargaining unit and shall be defined as length of uninterrupted include service since the last date of hire with the Company. Seniority shall only be credited upon Employer prior to the completion certification or recognition of the Union. (a) Until an employee has completed a probationary period of ninety forty-five (9045) calendar days for full- time and four of work (or three-hundred and eightythirty-seven and one half (487.5337.5) hours worked or six (6of work are other than the standard work day) within any twelve calendar months, whichever comes firstshe/he shall be considered to be on a probationary basis, for part- timehaving no seniority rights. Seniority rights Upon satisfactory completion of the probationary period an employee will apply only then acquire seniority standing dating from the date she/he commences her/his current period of employment. With the written consent of the Hospital, the probationary employee and the President of the Local Union or designate, such probationary period may be extended. Any extensions agreed to shall be in writing and will specify the extent expressly provided in this agreement. 14.02 length of such extension. The seniority discipline, release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. 7.03 An employee’s seniority shall be lost cancelled and his/her his employment automatically shall be terminated for any of the following reasons: (a) If the employee quits; (b) If the employee is discharged and his discharge is not reversed through the grievance procedure; (c) If the employee has been laid off and fails to return to work within five (5) working days after he has been notified by the Hospital to do so through registered mail addressed to the last address on the records of the Hospital; (d) If the employee is absent from work for more than two (2) consecutive working days without providing a reason satisfactory to the Hospital; (e) If the employee overstays a leave of absence granted by the Hospital without providing a reason satisfactory to the Hospital; (f) If the employee has been laid off for a period in excess of forty eight (48) months without being recalled to work by the Hospital; (g) If the employee retires; (h) If the employee, as a condition of employment, within the first year of employment fails to complete registration or certification requirements. 7.04 Should the Hospital merge, amalgamate or combine any of its operations or functions with another Hospital, the Hospital agrees to the retention of seniority rights for all employees with the new Hospital. 7.05 A seniority list shall be submitted to the Union and posted on the bulletin boards every six (6) months. 7.06 When two (2) or more employees have the same seniority between them seniority shall be determined in alphabetical order of their last name at their last date of hire. (a) he/she quits It is understood that an employee shall not be transferred by the Hospital to a position outside the bargaining unit without his/her employment;consent except in the case of temporary assignments not exceeding six (6) months. This period may be extended a further six (6) months upon the agreement of the employee and the Hospital. Such employees on temporary assignments shall remain members of the bargaining unit. (b) he/she retires; (c) he/she An employee who is discharged for just cause and transferred to a position outside the bargaining unit shall not accumulate seniority. In the event the employee is not reinstated; (d) he/she does not perform work for retuned by the Company for Hospital to a period of twelve (12) months position in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-bargaining unit within twenty four (24) months for any other reason other than lay-off, provided that of the Company has met its obligations to accommodate transfer he or she shall be credited with the seniority held at the time of the transfer. An employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory not returned to the Company is given by the employee; bargaining unit within twenty four (g24) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing months shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentforfeit bargaining unit seniority.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The 8.01 An employee will be on probation and not acquire seniority until they have completed the 480 hours of an employee active employment within the twelve (12) month period following their hiring. On successful completion of the probationary period they shall then be defined as length credited with seniority equal to the probationary period served and any seniority thus acquired may be exercised in the manner set out in this article. At the request of uninterrupted service since the last company, the probationary period may be extended with the consent of the union. 8.02 Seniority is calculated from the most recent date of hire with the Company. Seniority company as a full-time employee. 8.03 It being understood that the release of an employee during the probationary period shall only not be credited upon the completion subject of a grievance under the grievance procedure, an employee who has completed the probationary period of ninety (90) calendar days and has seniority, who is discharged for full- time just cause, may lodge a grievance in the manner and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementthe grievance procedure. 14.02 The 8.04 Where a person who is in a position with the company that is not covered by this agreement is returned to a position that is covered by this agreement they shall be credited with seniority from their date of an hire, provided that seniority shall not accrue while the employee is outside of the unit. 8.05 Seniority shall be lost and his/her employment automatically deemed terminated for any of the following reasons.if: (a) he/she quits his/her employmentan employee is discharged and is not reinstated through the grievance and arbitration procedure; (b) he/she retiresan employee resigns; (c) he/she an employee is discharged laid off for just cause and more than twelve (12) months, or the amount of their seniority, whichever is not reinstatedless; (d) he/she does not perform work for an employee on lay off fails to return to the Company for a period company in accordance with their notice of twelve (12) months in the case of lay-offrecall; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those the reason for which it was granted; (jf) he/she an employee fails to return upon completion of any leave of absence except for reasons satisfactory to the company. (The company shall not act in a discriminatory or unreasonable manner in assessing reasons provided by employees); (g) an employee is absent from work without permission, cause and/or notification to the company for a period of three (3) consecutive working days; 8.06 A full time employee shall continue to accumulate seniority while: (a) in the active employ of the company; (b) absent for up to four (4) months through verified illness or in receipt of Workers’ Compensation Benefits, or on leave of absence for up to three (3) months, applicable to employees with less than one (1) year of seniority; (c) absent for up to eighteen (18) months through verified illness or is in receipt of Workers’ Compensation Benefits or is on a leave of absence for up to three (3) months, applicable to employees with one (1) or more year; (d) on pregnancy or parental leave for such period as may be prescribed by the Employment Standards Act; (e) on a modified work program. 8.07 The company shall maintain an up to date seniority list showing each employee’s seniority date, as calculated in accordance with this article, and the employee’s current classification. The list will be posted on the union bulletin board in March, June, September and December each year, and a copy sent to the secretary of the union. Such list shall be deemed conclusive for the purposes of this provision unless an employee grieves its accuracy in accordance with article 7 within two (2) weeks of the posting of the list. (a) In the event of a reduction in the work force or recall, the company will assess and consider the following factors in determining which employees are to be laid off or recalled providing that the employee exercising their seniority have the skill, ability and qualifications to perform the work then available without training or instruction and are willing to do so at the prevailing rate of pay for such work. (b) An employee subject to lay-off shall exercise their seniority and displace the junior employee whose job they can perform on the seniority list. (a) Employees shall be recalled to work in reverse order of seniority subject to article 8.08(a). (b) Employees shall be notified of recall by telephone or registered letter sent to the employee’s last known address according to the company records and shall advise the plant manager within two (2) working days of receipt of the notice as to whether he intends to return to work immediately after in accordance with the Company has recall notice. (c) Notification shall be deemed to have been notified received by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.three

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 7.01 The term “seniority”, as used herein, shall mean accumulated service, as calculated from the date specified in Article 6.01. 7.02 When two or more employees attain seniority of an on the same date, they will be placed in alphabetical order on the seniority list. 7.03 An employee shall be defined as length of uninterrupted service since the last date of hire lose seniority and his employment with the Company. Seniority shall only Company will be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.: (a) heif she/she quits his/her employmenthe voluntarily quits; (b) heif she/she he is discharged and not reinstated through the grievance and arbitration procedure; c) if she/he retires; (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate if the employee under any applicable legislation; (f) he/she is absent from work without permission Company approved leave of absence, for more than three (3) consecutive days, without a valid reason; e) if the employee has been laid off and fails to notify the Company of his/her intention to accept recall within five (5) working days unless an explanation satisfactory of being notified by registered mail of recall without a valid reason, or fails to report for work within five (5) working days of notification without a valid reason or such longer period as mutually agreed to between the Company is given by the employeeparties; (f) if an employee overstays any Company approved leave of absence without a valid reason; g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who laid off and is not recalled to work fails for a period equal to return within ten (10) calendar days his/ her seniority at time of mailing of notification to returnlay off. Such mailing This period will not exceed 24 months. 7.04 It shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees the employee to provide written notification notify the Company, in writing, promptly of any changes change in their address and telephone number (listed or unlisted). If an employee fails to do so, the Company will not be responsible for failure of any contact, notice or recall to reach such employee. 7.05 Employees transferred to a position outside the bargaining unit, may be transferred by the Company or on their own request, back to the Human Resources Departmentbargaining unit, at any time within three (3) months of such transfer. Bargaining unit seniority will not accumulate while outside the bargaining unit. 7.06 The Company agrees to post an up-to-date seniority list once every six (6) months. A copy of the seniority list will be provided for the plant Chairperson.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 9.01 The seniority of an employee term “seniority,” as used herein, shall be defined as length of uninterrupted service since mean accumulated time from the last original date of hire in this facility, unless interrupted by circumstance detailed in any clause in this collective agreement as agreed upon by the parties. 9.02 In the case of equality in seniority ranking, seniority shall be determined by the lowest employee number. Employee numbers will be randomly selected by lottery method during the hiring process for the purposes of this clause. 9.03 An employee will lose his seniority and his employment with the Company. Seniority shall only Company will be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons: a) If he voluntarily quits. (a) he/she quits his/her employment; (b) he/she retires;If he is discharged and not reinstated through the grievance procedure. (c) he/she is discharged for just cause and is not reinstated;If he retires. (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate If the employee under any applicable legislation; (f) he/she is absent from work without permission Company approved leave of absence, for more than three (3) consecutive working days unless an explanation (excluding premium days), without satisfactory to the Company is given by the employee;medical evidence. (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (ie) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to has been laid off and does not return to work immediately after within five (5) days of notification by phone or from delivery of the Company has been notified by a doctor or Workplace Safety and Insurance Board that first 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 able laid off due to return lack of work and not recalled for a period of service to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. a maximum of forty-eight (48) months. 9.04 It will shall be the responsibility of employees the employee to provide written notification notify the Company promptly of any changes change in their address and telephone number (listed or unlisted) in a manner determined by the Company. If any employee fails to do so, the Company will not be responsible for failure of any contact or written notice or e- mail to reach such employee. A copy will be sent to the Human Resources DepartmentLocal Union President. 9.05 The Company agrees to post quarterly an up-to-date seniority list. A copy of the seniority list will be provided for the Plant Chairperson and to the Local Union President.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The 10:01 Unless otherwise stated, as in Article 4.02 (b), seniority as used in this Collective Agreement shall mean length of service from the employee's first day on the job. 10:02 Seniority shall accrue from the first day on the job following being hired or rehired by the Employer or a Board over which this Employer now has jurisdiction. 10:03 An employee ceases to be an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated Board for any of the following reasons.: (a) he/she quits his/her employmentresigns; (b) he/she retiresis discharged and not reinstated through the grievance or arbitration procedure; (c) he/she fails to return from leave of absence, vacation or suspension unless such absence is discharged for just cause and is not reinstated;proven to the satisfaction of the Employer to have been due to causes beyond the employee's control. (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three two (32) consecutive working days unless an explanation satisfactory such absence is proven to the Company is given by satisfaction of the Employer to have been due to causes beyond the employee's control; (ge) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory he/she fails to the Company is given by the employee; (h) if an employee who is recalled report to work fails to return after a lay-off within ten seven (107) calendar days after receiving delivery of mailing notice of notification to return. Such mailing shall be recall by registered mail to the last address of the employee that of which the Company Employer has record, unless such failure is proven to the satisfaction of the Employer to be due to causes beyond the control of the employee. An employee is responsible for advising the Employer in its files for that employeewriting of his/her address from time to time while he/she is on lay-off; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (jf) he/she fails to return to work immediately after is laid off for a period longer than thirty-six (36) consecutive months, with the Company exception that Educational Assistants shall retain their right of recall for sixty (60) months. (g) he/she retires or is retired; (h) he/she has been notified by on indefinite leave of absence in accordance with Article 20:04 for a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It period of two (2) years. (a) All new employees will be the responsibility hired on a probationary basis for a period of employees to provide written notification of any changes in their address to the Human Resources Department.forty-five

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The 16:01 An employee will be considered on probation and will not acquire seniority of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of until after he/she has worked for a probationary period total of ninety (90) calendar working days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) monthsthe Employer, whichever comes first, for part- time. Seniority rights will apply only to when his/her seniority shall commence from the extent expressly provided in this agreementdate of last hire. 14.02 The seniority of an 16:02 A sessional employee shall be lost and his/her employment automatically terminated for any deemed to be in the continuous employ of the following reasons. (a) he/she quits his/her employment; (b) he/she retires; (c) Employer for the purpose of seniority if he/she is discharged for just cause employed a minimum of eight (8) consecutive months in a twelve (12) month period. A sessional employee shall not be entitled to exercise his/her seniority in accordance with Article 16:07 in order to displace a regular full-time employee during the period in which the sessional employee is laid off following the session. 16:03 A seniority list containing the names, classifications, employing department and is not reinstatedseniority of employees will be forwarded in an electronically readable format to the Local Union President once every month. 16:04 An employee shall lose all seniority if the employee: a) voluntarily quits the employ of the University; b) is justifiably discharged; c) has been laid off for more than twenty four (24) consecutive months; d) hefollowing a layoff, fails to advise the Employer within five (5) working days of receipt of notice to return to work of his/she does not perform her intention to return or fails to report for work for on the Company date and at the time specified in the notice; e) accepts a position outside the bargaining unit for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three one hundred and twenty (3120) consecutive working days unless an explanation satisfactory to the Company is given by the employee; calendar days. For periods of less than one hundred and twenty (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10120) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to may return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address former position with seniority re-instated to the Human Resources Departmentdate of leaving the bargaining unit position; f) is absent from work for five (5) consecutive working days without notifying the Employer, and providing a reasonable explanation for such absence, in which case he/she shall be deemed to have resigned his/her employment with the Employer.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 10.01 The term "seniority" as used herein, shall mean accumulated service calculated from the full-time employee's original hiring date, as described in Clause 9.01. 10.02 In the case of equality in seniority of an employee ranking, seniority shall be defined as length of uninterrupted service since the last date of hire determined by alphabetical order. 10.03 An employee will lose his seniority and his employment with the Company. Seniority shall only Company will be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) monthsterminated, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.: (a) he/she quits his/her employmentIf he voluntarily quits; (b) he/she retiresIf he is discharged, and not reinstated through the grievance procedure; (c) he/she If he is discharged for just cause and is not reinstatedretired, under the Company retirement policy; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate If the employee under any applicable legislation; (f) he/she is absent from work without permission Company approved leave of absence, for more than three (3) consecutive working days; e) If an employee has been laid off due to lack of work, and does not return to work within three (3) working days unless an explanation satisfactory after being contacted personally to report for duty. When the employee cannot be contacted, the Company is given will notify the employee by the employee;registered mail or courier to his last known address, and he will be allowed no (gf) if If an employee overstays a vacation or Company approved leave of absence without securing the receiving an extension in writing of such leave of absence or vacation from the Sales Manager or Human Resources Manager absence, unless an explanation satisfactory he has valid reason acceptable to the Company is given by the employeeCompany; (g) If he accepts gainful employment while on a leave of absence without first obtaining the consent, in writing, of the Company; h) Subject to the provisions of the Workers Compensation Act if an employee who is recalled to absent from work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail for any reason for a continuous period equal to the last address lesser of, the length of his seniority at the time of the employee that the Company has in its files for that employeecommencement of such absence, or one (1) year; (i) If an employee utilizes is laid off for a leave continuous period as follows: i) for an employee with one (1) year or less of absence seniority, from the time of such lay off, twelve (12) months ii) for purposes other than those for which it was granted;an employee with more then one (1) year of seniority, from the time of such lay off, the period equal to his seniority up to a maximum of twenty-four (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. 10.04 It will shall be the responsibility of employees the employee to provide written notification notify the Company in writing promptly of any changes change in their address and phone number. If an employee fails to do so, the Company will not be responsible for failure of any contact or notice to reach such employee. 10.05 Employees who are or have been appointed or selected for a supervisory position, or for any position not subject to the Human Resources Departmentprovisions of this Agreement, will not be covered by the provision of this Agreement. An employee who transfers to a job outside the bargaining unit will lose all rights to return to the bargaining unit. 10.06 The Company will post a plant seniority list on the main bulletin board. This list will be revised every three (3) months. At the time the plant list is revised a copy of the list will be given to the plant chairperson.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The seniority 11.01 Seniority is defined as the length of an employee shall be defined as length employee's service with the Company, calculated from the first day of uninterrupted service since said employee's employment, subject to the last provisions of Paragraph 11.02 of this clause. 11.02 Employees who have been in the Company's employ for less than sixty (60) days worked in a six month period from initial date of hire with shall be considered probationary employees and shall have no seniority. Lay- offs of probationary employees will not be subject to arbitration and will not be questioned by the CompanyUnion. Seniority shall only be credited upon the After completion of a said probationary period period, the seniority of ninety the employees concerned shall be back-dated sixty (9060) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementworked. 14.02 The 11.03 An employee loses all seniority of and is no longer an employee shall be lost and his/her employment automatically terminated for any of the following reasons.if that employee: (a) he/she quits his/her employmentvoluntarily leaves the employ of the Company; (b) he/she retiresis discharged and not reinstated pursuant to the provisions of this Agreement; (c) he/she is discharged overstays a leave of absence for just cause and is not reinstateda period of five (5) working days without giving a reason acceptable to the Company; (d) he/she does not perform work for ceases to be a member in good standing of the Company for Marine Workers' and Boilermakers' Industrial Union, Local No. 1. (e) refuses a period second recall, as noted in Article 11.13. 11.04 Any employee who has been laid off may be struck off the seniority list at the expiration of twelve one (121) months year (and in the case of layany employee with five (5) years or more of seniority, at the expiration of eighteen (18) months), and any employee so struck off and thereafter re-off; (e) he/she does not perform work employed may, for the purpose of seniority, be treated by the Company for as a period new probationary employee. 11.05 It shall be the duty of twenty-four (24) months for every employee to notify the Company promptly of any other reason other than change of address and any notice sent by the Company to any employee at said employee's last address as recorded in the records of the Company shall be sufficient and effective notice. 11.06 An employee shall not suffer loss of seniority because of absence due to sickness, accident or otherwise, if such absence is approved or authorized by the Company. 11.07 In addition to vacation time, subject to operational requirements of the Company leave of absence may be granted: 11.08 In all cases of lay-off, provided transfer, demotion, upgrading, re-hiring after lay-off and promotion, other than appointment to supervisory positions, precedence shall be given to those employees who have the longest service, providing always that the employees in question are of relatively equal skill, competence and efficiency. 11.09 The Company has met will not exercise its obligations to accommodate discretion in an arbitrary manner or discriminatory manner. 11.10 Job Posting: Employees shall be given the employee opportunity of applying for all jobs classified under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave Schedule "A" of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to returnthis Agreement. Such mailing jobs shall be by registered mail posted in the shop for not less than five working days. Preference shall be given to employees with the last address most seniority who are of relatively equal skill, competence and efficiency. The name of the employee that the Company has in its files for that employee; (i) If an employee utilizes successful applicant shall be posted. The Union shall be sent a leave copy of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by all job postings along with a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility list of employees to provide written notification who applied as well as the name of any changes in their address to the Human Resources Departmentsuccessful applicant.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The 10:01 Unless otherwise stated, as in Article 4.02 (b), seniority as used in this Collective Agreement shall mean length of service from the employee's first day on the job. 10:02 Seniority shall accrue from the first day on the job following being hired or rehired by the Employer or a Board over which this Employer now has jurisdiction. 10:03 An employee ceases to be an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated Board for any of the following reasons.: (a) he/she quits his/her employmentresigns; (b) he/she retiresis discharged and not reinstated through the grievance or arbitration procedure; (c) he/she fails to return from leave of absence, vacation or suspension unless such absence is discharged for just cause and is not reinstated;proven to the satisfaction of the Employer to have been due to causes beyond the employee's control. (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three two (32) consecutive working days unless an explanation satisfactory such absence is proven to the Company is given by satisfaction of the Employer to have been due to causes beyond the employee's control; (ge) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory he/she fails to the Company is given by the employee; (h) if an employee who is recalled report to work fails to return after a lay-off within ten seven (107) calendar days after receiving delivery of mailing notice of notification to return. Such mailing shall be recall by registered mail to the last address of the employee of which the Employer has record, unless such failure is proven to the satisfaction of the Employer to be due to causes beyond the control of the employee. An employee is responsible for advising the Employer in writing of his/her address from time to time while he/she is on lay-off; (f) he/she is laid off for a period longer than thirty-six (36) consecutive months, with the exception that the Company Educational Assistants shall retain their right of recall for sixty (60) months. (g) he/she retires or is retired; (h) he/she has been on indefinite leave of absence in its files accordance with Article 20:04 for that employee;a period of two (2) years. (a) All new employees will be hired on a probationary basis for a period of forty- five (45) working days, subject to Articles 4:03 (c) and/or 4:04 (c). (i) If Permanent Seniority List - A new employee shall be listed by name and seniority date, on the seniority list and shall henceforth be considered a permanent employee with all of the rights and obligations of this Agreement. (ii) New employees hired on the same day will have their Seniority ranked on the seniority list by means of a lottery. At least one union officer will be present for the process. 10:05 The selection and promotion of employees to positions outside the bargaining unit are not governed by this Agreement. In the event an employee utilizes is or has been promoted to any such position and is, within two (2) years, returned to a leave of absence for purposes other than those for which it was granted; (j) position within the bargaining unit, he/she fails to return to work immediately after shall be credited with the Company has been notified by a doctor or Workplace Safety and Insurance Board that seniority attained at the employee is able to return to time of his/her job provided that promotion but shall not accumulate further seniority during the Company has met its obligations period outside the bargaining unit and upon his/her return he/she shall be placed in a position consistent with his/her qualifications and seniority. The provisions of Article 11:09 will also apply to accommodate the employee under any applicable legislation. It will be the responsibility of employees this Article. (a) The Employer agrees to provide written notification of any changes in their address provide, to the Human Resources DepartmentUnion, in duplicate, plus one copy to each location, an accurate Seniority List by the 15th day of April and the 15th day of October of each year to include, employee name, job classification and seniority date and regularly scheduled hours of work per week. Disagreement regarding the Seniority List must be raised by April 30th and October 31st of each year or the list shall be deemed to be accurate.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 10.01 The Company shall at six (6) month intervals provide the Union with an up-to-date list of all employees covered by the Collective Agreement showing the Company seniority of an employee each employee. The Company shall post a copy of this list by the time clock or in a conspicuous place in all operating locations covered by this agreement. 10.02 All employees hired shall be defined as length of uninterrupted service since considered probationary for the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of first ninety (90) calendar days after hiring, during this period seniority will not be applicable. Upon successful completion of the probationary period the employee shall be granted seniority effective from the first day of the probationary period. 10.03 An employee re-entering the employ of the Company after his recall period has expired shall not be subject to another probationary period. 10.04 In cases of lay-off and recall the Company shall recognize seniority provided that the senior employee has relatively equal skills and qualifications. 10.05 A laid-off employee shall retain his seniority with the Company for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, months if he has less than one (1) year seniority and for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons. (a) he/she quits his/her employment; (b) he/she retires; (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company for a period of twelve (12) months if he has at least one (1) year seniority. If a laid-off employee is recalled within the recall period, there shall be deemed to have been no break in his continuous service with the case Company by reason of such lay-off;. (e) he/she does not perform 10.06 If a laid-off employee is called back to work with the Company within his recall period, there shall be deemed to have been no break in such an employee's continuous service with the Company by reason of such lay off. Where the employee fails to accept the call back to work for the Company an opportunity that is anticipated to last for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing or longer, he shall be terminated. 10.07 The Company shall contact laid-off employees at the telephone numbers supplied by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will shall be the responsibility of employees the employee to provide written notification keep the Company and the Union informed of any changes in their his current address to the Human Resources Departmentand telephone numbers while laid off.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. 14.01 The (a) seniority of an employee shall be defined as exercised Bargaining Unit wide. The purpose of seniority is to provide a policy governing layoffs, recalls, permanent transfers, booking of vacation, promotions and/or shift start times. It is clearly understood by the parties that in all cases above, the word permanent shall be paramount. (b) Seniority is the relative ranking of employees within the Company established by the length of uninterrupted continuous service with the Company since the last date of hire with the Companylast starting to work. Seniority shall only An employee will be credited upon the completion of a probationary period of on probation until he has completed ninety (90) calendar days for full- time worked. Upon completion of such probationary period, the employee's name shall be placed on the seniority list and four hundred and eighty-seven and one half (487.5credited with ninety 90) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementworking days seniority. 14.02 The seniority of an 9.2 An employee shall lose all seniority and be lost and his/her employment automatically terminated for any of the following reasons.deemed to have quit if he: (a) he/she voluntarily quits his/her his employment; (b) he/she retires;is discharged and is not reinstated through the Grievance or Arbitration Procedure. (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform absents himself from work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation a reason satisfactory to the Company is given by the employee; (gd) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory failure to notify the Company is given by the employee; (h) if an employee who is recalled and report to work fails to return within ten three (103) calendar working days after being recalled from lay off upon receipt of mailing of notification to return. Such mailing shall be by registered mail to the last address on file. (e) fails to return to work upon termination of the employee that an authorized leave of absence without reason satisfactory to the Company has in its files for that employee; (i) If an employee or utilizes a leave of absence for purposes other than those of which the leave of absence may be granted. (f) is absent due to layoff for which it was granteda period in excess of twenty-four (24) months. 9.3 It shall be the duty of the employee to notify the Company promptly of any change in address. If an employee fails to do this, the Company will not be responsible for failure of any such notice to reach such employee. 9.4 In all cases of promotion (other than appointments to positions outside the scope of the bargaining unit), layoff and recall from layoff the following factors are to be considered: (a) skill, ability, qualifications and job efficiency; (jb) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety seniority; (c) part-time and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It probationary employees shall be laid off first and will be the responsibility last to be recalled from layoff. Where the factors in (a) are relatively equal in the opinion of the Company, which shall not be unreasonably exercised, seniority shall govern providing the employees affected have the requirements to provide written notification perform the work in question. 9.5 Employees promoted to supervisory positions or positions not subject to this Agreement will retain their seniority after promotion for a period of ninety (90) days only. If demoted for any changes reason or if they voluntarily request reinstatement to their former position the time served in the supervisory position shall be included in their address seniority rating. Such employee shall forfeit any and all recourse to the Human Resources Departmentgrievance procedure as outlined in this Agreement should he be subsequently discharged in such a position beyond the jurisdiction of this Agreement. This Article is to be applied only once for any employee during the term of this Agreement. 9.6 A seniority list will be posted on the bulletin board and will be revised in January and July. Copies will be forwarded to the Local Union. Such lists shall contain the employee’s name and starting date. The lists forwarded to the Union shall also include the employee’s address, telephone number and social insurance number. 9.7 In all lay-offs where the qualifications of an employee are questioned by the Company, such employee will immediately be given the opportunity to perform the work in question to determine if he is qualified. 9.8 In the event that an employee is absent from work because of sickness or injury, his seniority will continue to accumulate for a period of twenty-four

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The seniority of an employee shall be 6.1 Seniority is defined as the length of uninterrupted continuous service since the last date of hire with the Company. Continuity of service shall be deemed to be broken when (a) an employee is discharged for cause, (b) an employee voluntarily terminates employment, (c) an employee has been laid off for more than twelve (12) consecutive months, or (d) an employee has violated the provisions of Article VII, Section 5. 6.2 Upon Union's request, the Company shall furnish the Union with a seniority list including wage rates and locations of all employees covered by this Agreement and shall keep the Union advised of all additions, deletions, or corrections at three-month intervals. 6.3 Seniority shall only be credited upon used as the completion of a probationary period of ninety (90) calendar days basis for full- time determining such benefits as transfer rights, protection against demotion and four hundred layoff, Hospital and eighty-seven and one half (487.5) hours worked or six (6) monthsLife insurance, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementetc. 14.02 6.4 The seniority continuity of an employee employee's service shall not be lost and his/her employment automatically terminated broken by absence for any of the following reasons., and his/her Company seniority shall accrue for the period of any such absence: (a) he/she quits his/her employment;Induction, enlistment, or active duty in the armed forces of the United States, or service in the Merchant Marine, under any Act of Congress which provides that the employee is entitled to reemployment. (b) he/she retires;Absence on Union business not requiring a leave-of-absence. (c) he/she is discharged Absence by reason of industrial disability while working for just cause and is not reinstated;Company. (d) he/she does not perform work for Authorized absence by reason of sick leave or absence without pay. 6.5 When the Company assumes a contract in an area where the work was formerly performed by another contractor signatory to IBEW Local 1245, the following applies: (a) The Company will make a good faith effort to retain Union line clearance and vegetation control employees who formerly worked the area, unless the Company had terminated said employee “for a period cause” in prior employment. Such retention shall be by IBEW Local 1245 Union Seniority. Union will assist in this effort. (b) Company agrees to honor former wage rates for incumbent Union members in all classifications. (c) For purposes of twelve determining vacation or PTO, the Company will interpret Union seniority as "length of service". (12d) months in the case For purposes of lay-off;transfer demotion, promotion and layoff, Company seniority will be used. (e) he/she does not perform work Company will observe Union seniority provision for impacted employees hired within six months following the Company for a period assumption of twentythe tree-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;trimming contract. (f) he/she is absent from work without permission for more than For the purposes of health care benefits (as described in Article XVII, 17.5), the Company shall provide those employees retained subject to this Article with health care benefits the first day of the calendar month following the Company’s assumption of the contract. (g) Employees retained subject to this Article shall serve a three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentmonth Article 14.1 probationary employment period.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. 14.01 The 12.01 An employee will be considered probationary for his first sixty (60) days worked and will have no seniority of rights during that period, and if he is suspended or discharged at any time during such probationary period, such discharge or suspension shall not be subject to the grievance or arbitration procedure, an employee shall be defined acquire seniority dating from the date he commenced employment and shall thereafter accrue seniority as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementherein. 14.02 The 12.02 An employee’s seniority of an employee and employment shall be lost and his/her employment automatically terminated for any of the following reasons.terminate without further notice to him when he: (a) he/she quits his/her employmentvoluntarily quits; (b) he/she retiresis dismissed and is not re-instated in accordance with the provisions of this Agreement; (c) heis laid off for a period equal to his/she is discharged for just cause and is not reinstatedher seniority, to a maximum of eighteen (18) months; (d) he/she does not perform work for overstays an authorized leave of absence without a reason acceptable to the Company for a period of twelve (12) months in the case of lay-offCompany; (e) he/she does not perform work for the Company for a period accepts employment while on an authorized leave of twenty-four (24) months absence or uses such leave for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (jf) he/she is retired, subject to the Ontario Human Rights Code; (g) is absent from work for three (3) consecutive days or more without advising the Company at the time of such absence; (h) is on lay-off status and fails to return to work immediately after within five (5) working days of the Company has been notified date of mailing by a doctor registered mail of notice or Workplace Safety and Insurance Board that recall to his last address on record with the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislationCompany. It will be is the responsibility of employees the employee to provide written notification keep the Company informed at all times of any changes in their his current address and telephone number. A copy of all such notices shall be given to the Human Resources DepartmentUnion Chairperson on the date of mailing. (a) The parties recognize that job opportunity and security shall increase in proportion to length of service. It is therefore agreed that in all cases of vacancy, promotion, demotion, transfer, vacation, lay-off, termination and recall after lay-off or termination, senior employees shall be entitled to preference. (b) In recognition, however, of the responsibility of the management for the efficient operation of the plant, it is understood and agreed that in all cases referred to in section (c) As of the date of ratification if two (2) or more employees are hired on the same day, seniority shall be determined by the employees start time. 12.04 Seniority shall be maintained and accumulated during: (a) absence due to sickness or accident, for a period equal to his seniority to a maximum of forty-eight (48) months, whichever is the lesser; and (b) authorized leave of absence; (c) an absence due to lay-off for a period equal to his seniority to a maximum of eighteen (18) months.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The seniority (a) Seniority of an employee shall be defined as mean the length of uninterrupted service since his unbroken service, after completion of the last probationary period at the London location, as outlined in Article 2.04, with the Company in the Bargaining Unit covered by this Agreement, except as provided in clauses 8.01 (b), 8.01 (c), 8.12, 18.01 (d) and 18.01 (e) herein. (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 hire this Agreement. 8.02 For the purposes of this Article 8, inside employees and outside employees shall be considered as separate seniority groups. 8.03 Separate seniority lists shall be maintained by the Company for each of the seniority groups referred to in clause 8.02 above, showing the name and seniority date of each employee who has acquired seniority under this Agreement. If two or more employees are hired on the same day, the times of hiring will determine their seniority ranking. These lists will be brought up to date every three (3) months and, at each revision, will be posted on the Union bulletin board for a period of five (5) working days. During that interval, any employee whose name appears on the list for the first time may question his seniority ranking if he is in disagreement with it. If no written complaint is received by the Company within five (5) working days of the posting of a seniority list, the revisions contained in that list shall be deemed to be correct by all concerned. A copy of each updated list will be mailed to the Union Office and a copy given to the Plant Chair. 8.04 An employee's service with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee Company shall be lost and his/her employment automatically terminated for any of the following reasons.broken if that employee: (a) he/she quits his/her employment;quits, (b) he/she retires; (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company laid off for a period of twenty-four (24) months or more, (c) is discharged for just cause and is not reinstated, (d) fails to return to work on the expiration of any other reason other than lay-off, provided that period of leave granted by the Company has met its obligations to accommodate unless excused by the employee under any applicable legislation;Company, (fe) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to without having notified the Company is given and received permission to be absent, which permission shall not be unreasonably withheld, (f) otherwise ceases to be employed by the employee;Company. (g) if an 8.05 In making transfers, promotions, demotions, layoffs, and recalls from layoffs within a seniority group, seniority shall govern, provided the employee overstays a vacation or leave of absence without securing can satisfactorily fulfill the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address normal requirements of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentjob.

Appears in 1 contract

Samples: Collective Agreement

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SENIORITY. 14.01 8.01 The seniority parties recognize that job opportunity and security shall increase in proportion to length of an employee service and qualifications. It is therefore agreed that in all cases of vacancy, promotion, transfer, lay-off and rehiring after lay-off, senior qualified employees shall be defined entitled to preference. If the vacancy or permanent newly created position is not filled as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion a result of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked posting, or six (6) monthsif no suitable applicants are received, whichever comes first, for part- time. Seniority rights will apply only the employer reserves the right to the extent expressly provided in this agreementhire. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any 8.02 In recognition of the following reasons. (a) he/she quits his/her employment; (b) he/she retires; (c) he/she responsibility of management for the efficient operations of the plant, it is discharged for just cause understood and is not reinstated; (d) agreed that in all cases Management shall have the right to pass over any employee if it establishes that he/she does not have the ability to perform the work for or has not performed to standard on his/her present or last successful bid job. If a dispute arises as to his/her ability to perform the Company for work, he/she shall be given a trial period as specified in Clause 8.07(c). It is expressly understood that this does not apply in cases of bumping due to lay-off. 8.03 Seniority of each employee covered by this Agreement shall be established after a probationary period of twelve sixty (1260) months in days worked and completed within ninety (90) working days and shall count from date of employment. Seniority shall be accumulated and maintained within the case of following divisions: 1) Sudbury Local 0000 0) Xxxxxx Xxxxx Local 8214 An employee may only use such seniority provisions within his own division. 8.04 Seniority shall be maintained and accumulated during: (a) absence due to lay-off; (eb) sickness and accident; and (c) authorized leave of absence. 8.05 An employee shall lose his/her seniority standing and his/her name shall be removed from the seniority list for any one of the following reasons: 1) If the employee voluntarily quits; 2) If the employee is discharged for proper cause and is not reinstated in accordance with the provisions of this Agreement; 3) If the employee is laid off and fails to return to work within five (5) working days after he/she does not perform work for has been notified to do so by the Company for a period by registered mail to his/her last known address. A copy of twenty-four (24) months for any other reason other than lay-off, provided that such notice shall be sent to the Company has met its obligations to accommodate the employee under any applicable legislationUnion; (f4) he/she is If absent from work without permission for more than three (3) consecutive working days without notifying the Company, unless an explanation satisfactory to the Company is given by the employeehaving legitimate reasons for not doing so; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i5) If an employee utilizes a leave less than (1) year's service has been off the active payroll of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by for a doctor or Workplace Safety and Insurance Board that period of six (6) months. In the case of an employee is able with one (1) year of service, this shall be extended to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.twelve

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 8.01 The seniority of term employee unless otherwise provided for, shall be deemed to mean an employee who has completed his probationary period and is a member of the Union. 8.02 Seniority for the purpose of this agreement shall be defined as length of uninterrupted mean continuous service since the last date of hire with the Company. Seniority shall only An employee will be credited upon considered to be on probation until he has worked for the Company for 90 calendar days from the date of hire. Upon completion of a the probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) monthsperiod, whichever comes first, for part- time. Seniority rights service will apply only be backdated to the extent expressly provided in this agreementoriginal date of hire. 14.02 The seniority of an 8.03 An employee shall be lost and terminated for the following rea- sons: (a) If the employee voluntarily quits his/her employment automatically terminated for any of with the following reasonsCompany. (a) he/she quits his/her employment; (b) he/she retires; (c) he/she If an employee is discharged for just cause and such employee is not reinstated;reinstated pursuant to the grievance procedure. (c) If 18 months have elapsed since the date of lay off. (d) heIf the employee is absent for two consecutive days without notifying the employer, unless such lack of notification is for reasonable cause. (e) If the employee works for another employer while on a leave of absence from his/she does not perform her employment, unless permission has been granted, in writing, to the em- ployee to do so. (f) If the employee accepts full time employment with any other employer at any time after the date of rati- fication of this agreement. 8.04 An up-to-date seniority list will be posted monthly if and when changes occur. Copies of the list will be made avail- able to the Union. 8.05 In the event of a lay off or reduction of the work for force, employees will be laid off or transferred in reverse order to seniority and recalled in order of seniority, provided the Company is allowed to maintain crews with demon- strated capabilities of performing the required jobs in a competent manner. 8.06 An employee who voluntarily accepts a position outside the bargaining unit shall maintain and continue to ac- cumulate seniority for a period of twelve (12) three months for the purpose of transferring back into the bargaining unit, provided the employee maintains his/her Union member- ship in good standing. If the case of lay-off; (e) employee returns to the bar- gaining unit after three months, either by the Company’s or his/her own choice, he/she does shall return to an open job in the bargaining unit while not disturbing any employee unless to avoid a lay off. 8.07 Where two or more employees have the same seniority date their names will be placed on the seniority list in the order of processing by the Personnel Department on the day of hiring. The employee at the head of the list on his/ her date of hire shall be deemed to possess the higher sen- iority of the employees on that date. 8.08 New employees shall not be hired where there are em- ployees with seniority on lay off and willing and qualified to perform work for the job. 8.09 Summer students at the conclusion of the summer xxxx- tion period who are accepted by the Company for a period as perma- nent employees shall have their seniority backdated to their original date of twenty-four (24) months for any other reason other than lay-offhire in that particular year. The em- ployee, provided that the Company has met its obligations once permanent, shall also be entitled to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory all cover- age available to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of permanent employees to provide written notification of any changes in their address to the Human Resources Departmentas soon as they are declared permanent.

Appears in 1 contract

Samples: Labour Agreement

SENIORITY. 14.01 The seniority of an 13.01 An employee shall will be defined as length of uninterrupted service since considered probationary for the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety first sixty (9060) calendar days for full- time and four hundred and eighty-seven and one half will have no seniority rights during that period. After sixty (487.560) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only calendar days service his/her seniority shall date back to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and day on which his/her employment automatically terminated for any began. In calculating the sixty (60) calendar days probationary period, time away from work due to sickness, accident, holidays or vacation shall not be included. 13.02 Seniority as referred to in this Agreement shall mean length of accumulated service in the employ of the following reasonsCompany and shall be on a plant-wide basis. 13.03 An employee who has completed his/her probationary period shall accumulate seniority while he/she is at work for the Company or when absent due to injury or illness, during the first 6 months of any layoff, or during the term of a leave of absence granted by the Company. 13.04 Seniority shall terminate when an employee: (a) he/she quits his/her employmentfor any reason; (b) he/she retiresis discharged and is not reinstated through the grievance procedure or arbitration; (c) he/she is discharged has been on layoff for just cause and is not reinstateda continuous period of 12 months; (d) who has been on layoff for a continuous period of less than 12 months and who, when notified by registered mail or by telegram addressed to the last address he/she does not perform work for has recorded with the Company, fails to notify the Company within 5 working days that he/she is intending to return to work and unless he/she returns to work as soon as possible after receiving notice and in any event within 7 working days of the mailing or other communication of such notice, unless he/she shows that he/she is prevented from notifying the Company or from reporting for work by a period of twelve (12) months in the case of lay-offlegitimate sickness or other reasonable cause; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified expiration of a leave of absence unless prevented from doing so by a doctor illness or Workplace Safety and Insurance Board that other cause which is reasonable in the employee is able to return to opinion of the Company. 13.05 Any employee’s reinstatement after sick leave will be conditional on his/her supplying, when requested, a certificate from a physician that he/she is fully recovered from the sickness which caused his/her absence, such certificate to state the period covered by the employee’s sickness. 13.06 In cases of promotion which is hereby defined as a transfer to a job provided with higher hourly pay within the bargaining unit, the following factors will apply: (a) seniority; and (b) skill, ability, and experience It is understood that where the qualifications referred to in paragraph (b) are relatively equal, seniority shall govern. The determination of an employee’s qualifications is the responsibility of the Company, with the understanding that the Company has met its obligations to accommodate may permit the employee to a trial period whenever it believes that such a trial period would be helpful in reaching a determination. If an employee believes that proper consideration of his/her skill, ability, and experience has not been given, he/she may file a grievance under any applicable legislationthe provisions of Article VI claiming that the Company acted in an arbitrary, unfair or unfairly discriminatory manner. 13.07 In all cases of layoff and recalls after layoffs, the following factors shall be applied: (a) seniority; and (b) skill, ability, and experience It is understood that where the qualifications referred to in paragraph (b) are relatively equal, seniority shall govern. It A representative of the Company will be meet with the Chief Xxxxxxx to discuss pending layoffs. The determination of an employee’s qualifications are the responsibility of employees the Company. If an employee believes that proper consideration of his/her skill, ability, and experience has not been given, he/she may file a grievance under the provisions of Article VI claiming that the Company acted in an arbitrary, unfair or unfairly discriminatory manner. 13.08 Current seniority lists and classifications will be posted every 3 months, by January 1, April 1, July 1 and October 1. A copy of the list will be posted in the plant. A copy will be given to provide written notification of any changes in their address each Union Xxxxxxx and faxed and mailed to the Human Resources DepartmentUnion office. A representative of the Union shall be entitled, to review the wage rate information for all bargaining unit employees annually, at the time the Collective Agreement provides for a wage increase. This information is confidential and the Union will not reveal it to any other party. 13.09 In the event that an employee covered by this Agreement transfers into a position beyond the scope of this Agreement, the employee will have a trial period of up to 120 days. During this time, either the employee or the Company may return the employee to the previous position and rate without loss of seniority. If the employee remains in a position beyond the scope of this Agreement past 120 days, then the employee’s seniority will be frozen and he/she will not accumulate any further seniority. Should the employee remain in a position beyond the scope of the Agreement in excess of 6 months then he/she will lose all seniority previously acquired. Any variation of this shall be by mutual Agreement between the Company and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. 14.01 11.01 The seniority parties recognize that job opportunity and security shall increase in proportion to length of an employee service. It is; therefore, agreed that in all cases of a vacancy, promotion, transfer, training, lay-off and recall after lay-off, senior employees shall be defined as length entitled to preference. In cases of uninterrupted service since transfer, the last date employee must agree to such transfer. 11.02 In recognition; however, of hire with the Company. responsibility of management for the efficient operation of the plant, it is understood and agreed that, in any case, referred to in section 11.01, management shall have the right to pass over any employee if it establishes that he does not have the ability and skill to perform the normal requirements of the job. 11.03 Seniority of each employee covered by this Agreement shall only be credited upon the completion of established after a probationary period of ninety seventy-five (9075) calendar working days for full- time at work and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- timeshall count from date of employment. Seniority rights will apply only shall be maintained and accumulated during: 1) Absence due to the extent expressly a twelve (12) consecutive month lay-off or as provided in this agreementsection 11.04 (3). 14.02 The seniority 2) Authorized leave of an absence, sickness or accident. 11.04 An employee shall lose his seniority standing and his name shall be lost and his/her employment automatically terminated removed from all seniority lists for any of the following reasons: 1) If the employee voluntarily quits. (a2) he/she quits his/her employment; (b) he/she retires; (c) he/she If the employee is discharged for just and reasonable cause and is not reinstated;reinstated in accordance with the provisions of this Agreement. (d3) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate If the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she laid off and fails to return to work immediately within five (5) days excluding Saturdays, Sundays and holidays after the Company he has been notified to do so by the Employer by registered mail to his last known address (a doctor or Workplace Safety and Insurance Board that copy of which notice shall be sent to the Union if requested). However, should the registered letter not be delivered in the ordinary course of mail through no fault of the employee, the five (5) days period will commence only after the employee is able to return to his/her job provided that has become aware of his recall. The employee must notify the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification Employer by registered mail of any changes in their address to address. 4) If the Human Resources Department.employee with less than five (5) years' seniority has been on lay-off for lack of work for a period of more than twelve (12)

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The 8.01 Seniority provisions shall apply to all employees covered by this Agreement. a) Employees hired prior to October 2, 1987 shall have their seniority date determined from the ranking status on the seniority report dated 10/02/87. b) Employees hired on and after October 2, 1987 and having the same seniority date, shall have their seniority determined alphabetically by surname. 8.02 Seniority of an each employee covered by this Agreement shall be established after a probation period of 30 days worked and shall count from the date of hiring. In the event a probationary employee is terminated, and in the event he is rehired within a period of one year from the date of such termination, his previous probationary service shall be credited to him. 8.03 An employee shall be defined maintain and accumulate seniority under the following conditions as applicable: (a) During an absence due to lay-off equal to length of uninterrupted service since at time of lay-off, not to exceed a maximum of 36 months. (b) During absence due to an employees' illness not to exceed twenty-four continuous months in the last date case of hire employees with twelve months or more seniority at the Companytime of commencement of such illness. Seniority shall only be credited upon The Company reserves the completion right to require proof of illness. (c) During absence due to an employee's illness not to exceed a probationary period equal to the employee's seniority at the commencement of such illness, in the case of employees with less than twelve months seniority. The Company reserves the right to require proof of illness. (d) During leave of absence granted by the Company in writing. (e) During the period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementpregnancy / paternity leave. 14.02 The seniority of an 8.04 An employee shall lose his seniority, his employment shall be lost terminated, and his/her employment automatically terminated his name shall be removed from all seniority lists for any of the following reasons.: (a) he/she quits his/her employment;If the employee voluntarily quits. (b) he/she retires;If the employee is discharged for cause and is not reinstated in accordance with the provisions of this Agreement. (c) he/she If the employee is discharged for just cause laid-off and is not reinstated; (d) he/she does not perform work for fails to notify the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform his intention to return to work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that within five working days after the Company has met its obligations notified him to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given do so by the employee; (g) if an employee overstays a vacation telegram or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the his last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she known address, or having done so, if he fails to return to work immediately after within ten working days from the date of mailing of such letter or sending of such telegram. (d) If the employee has been on lay-off for a period equal to length of service at time of lay- off, not to exceed a maximum of 36 months. (e) If an employee has been absent without leave for three consecutive working days unless a satisfactory reason is provided. 8.05 The Company shall supply the Union from time to time and as available, with a list of employees in order of seniority as of the date of the list. Such list shall be revised not less frequently than every four months. The seniority of an individual may be had on application by the employee or the Union to the Company. 8.06 An employee who has been transferred to a job outside the bargaining unit, but with the Company, may be returned to the bargaining unit with his seniority at the time he left the bargaining unit, providing his return to the bargaining unit is within two calendar years from the date he left the bargaining unit. 8.07 Senior employees with more than one year's seniority shall be entitled to preference for shift assignment within their job classification in which they hold seniority. Such senior employees will be permitted to express their shift preference once in every twelve (12) week period. At no time shall a Learner 1 or Learner 2 or Probationary employee be displaced from their shift assignment as a result of shift preference. The Local Union president shall be assigned day shift unless otherwise mutually agreed by the Company has been notified by and the Union. Newly hired employees shall not be displaced from their shift assignment as a doctor or Workplace Safety and Insurance Board that result of shift preference for a maximum period of sixty (60) days worked. Upon completion of the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It sixty (60) days work period, employees will be placed on a shift which is consistent with their seniority. Any movement of shifts within the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.twelve (12) week period shall be by seniority

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The seniority 17.1 Seniority as referred to in this Agreement shall mean length of an employee continuous service in the employ of the Company at the location as identified in Article 2.1 and, except as specifically provided otherwise in this Agreement, shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of on a probationary period of ninety (90) calendar days for full- time and four hundred and eightyplant-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementwide basis. 14.02 The 17.2 An employee will be considered probationary for the first sixty (60) days worked and will have no seniority of an employee shall be lost rights during that period, and his/her employment automatically may be terminated for at any time during such probationary period. After an employee has completed his/her sixty (60) days worked on probation s/he shall acquire seniority which shall date back to his/her last date of hire. 17.3 An employee shall lose all seniority rights and shall be deemed terminated in any of the following reasons.circumstances: (a) he/she quits his/her employment;Quits for any reason (b) he/she retires;Is given a disciplinary discharge and not reinstated through the grievance or arbitration procedure, or is terminated. (c) he/she Has been on lay-off for more than eighteen (18) months or the length of the employee’s seniority, whichever is discharged for just cause and is not reinstated;the lesser. (d) heFails to report for work within three (3) working days after being notified by the Company by registered mail or courier following a lay-off or fails to inform the Company within two (2) working days of recall by phone or mail that s/she he will report to work; both time limits from the time of receipt of notice. It shall be the responsibility of the employee to ensure that the Company records indicate his/her correct address and phone number at all times. The Company shall be saved harmless from any notice not received by the employee when such notice has been mailed or otherwise delivered to the employee’s address shown on the Company records. If the employee does not perform work for respond to a recall notice the Company for a period of twelve (12) months in onus is on the case of lay-off;employee to prove their availability. (e) he/she does not perform Fails to return to work for the Company for a period upon termination of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or authorized leave of absence without securing the extension of such leave of absence absence, or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it the leave of absence was granted;. (jf) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that If the employee is able absent from work for three (3) consecutive working days without proper notice to return the Company as set out in Article 22 or if having given notice s/he fails to provide a reasonable bona fide explanation for his/her job provided that absence. 17.4 An employee shall accumulate seniority under any of the following conditions: (a) While s/he is at work for the Company, after s/he has completed his/her probationary period as set out in Section 17.2. (b) During any period when s/he is prevented from performing his/her work for the Company has met its obligations by reason of injury or illness. While on layoff for up to accommodate eighteen (18) months or the length of the employee’s seniority, whichever is the lesser. 17.5 An employee who does not qualify to accumulate seniority under Section 17.4 shall maintain his/her existing seniority, unless and until s/he does same pursuant to Section 17.3. 17.6 Employees returning from sick leave, approved leave of absence, Workers’ Compensation, or maternity leave will be returned to work in accordance with the Employment Standards Act and any other applicable legislation, which will ordinarily mean a return to their former shift and former duties. 17.7 Seniority lists will be revised at least every six (6) months. A copy of the list will be posted on the plant bulletin board and a copy mailed to the Union. The Company will not be responsible for errors for action taken on the basis of the posted seniority list unless the employee under any applicable legislation. It will has notified the Company of such error within ten (10) working days of the posting of the list. 17.8 In the event that an employee covered by this Agreement should be promoted to a position beyond the responsibility scope of employees to provide written notification of any changes in their address this Agreement, s/he shall, if returned to the Human Resources Departmentunit, retain the seniority previously acquired and shall have added thereto the seniority accumulated while serving in such other capacity to a maximum of six (6) months.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. 14.01 The seniority of an 13.01 An employee shall will be defined as length of uninterrupted service since considered probationary for the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) first 30 calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- timewill have no seniority rights during that period. Seniority rights will apply only After 30 calendar days service his/her seniority shall date back to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and day on which his/her employment automatically terminated for any began. In calculating the 30 calendar days probationary period, time away from work due to sickness, accident, holidays or vacation shall not be included. 13.02 Seniority as referred to in this Agreement shall mean length of accumulated service in the employ of the following reasonsCompany and shall be on a plant-wide basis. 13.03 An employee who has completed his/her probationary period shall accumulate seniority while he/she is at work for the Company or when absent due to injury or illness, during the first 6 months of any layoff, or during the term of a leave of absence granted by the Company. 13.04 Seniority shall terminate when an employee: (a) he/she quits his/her employmentfor any reason; (b) he/she retiresis discharged and is not reinstated through the grievance procedure or arbitration; (c) he/she is discharged has been on layoff for just cause and is not reinstateda continuous period of 12 months; (d) who has been on layoff for a continuous period of less than 12 months and who, when notified by registered mail or by telegram addressed to the last address he/she does not perform work for has recorded with the Company, fails to notify the Company within 5 working days that he/she is intending to return to work and unless he/she returns to work as soon as possible after receiving notice and in any event within 7 working days of the mailing or other communication of such notice, unless he/she shows that he/she is prevented from notifying the Company or from reporting for work by a period of twelve (12) months in the case of lay-offlegitimate sickness or other reasonable cause; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified expiration of a leave of absence unless prevented from doing so by a doctor illness or Workplace Safety and Insurance Board that other cause which is reasonable in the employee is able to return to opinion of the Company. 13.05 Any employee’s reinstatement after sick leave will be conditional on his/her supplying, when requested, a certificate from a physician that he/she is fully recovered from the sickness which caused his/her absence, such certificate to state the period covered by the employee’s sickness. 13.06 In cases of promotion which is hereby defined as a transfer to a job provided with higher hourly pay within the bargaining unit, the following factors will apply: (a) seniority; and (b) skill, ability, and experience It is understood that where the qualifications referred to in paragraph (b) are relatively equal, seniority shall govern. The determination of an employee’s qualifications is the responsibility of the Company, with the understanding that the Company has met its obligations to accommodate may permit the employee to a trial period whenever it believes that such a trial period would be helpful in reaching a determination. If an employee believes that proper consideration of his/her skill, ability, and experience has not been given, he/she may file a grievance under any applicable legislationthe provisions of Article VI claiming that the Company acted in an arbitrary, unfair or unfairly discriminatory manner. 13.07 In all cases of layoff and recalls after layoffs, the following factors shall be applied: (a) seniority; and (b) skill, ability, and experience It is understood that where the qualifications referred to in paragraph (b) are relatively equal, seniority shall govern. It A representative of the Company will be meet with the Chief Xxxxxxx to discuss pending layoffs. The determination of an employee’s qualifications are the responsibility of employees the Company. If an employee believes that proper consideration of his/her skill, ability, and experience has not been given, he/she may file a grievance under the provisions of Article VI claiming that the Company acted in an arbitrary, unfair or unfairly discriminatory manner. 13.08 Current seniority lists and classifications will be posted every 3 months, by January 1, April 1, July 1 and October 1. A copy of the list will be posed in the plant. A copy will be given to provide written notification of any changes in their address each Union Xxxxxxx and faxed and mailed to the Human Resources DepartmentUnion office. A representative of the Union shall be entitled, to review the wage rate information for all bargaining unit employees annually, at the time the Collective Agreement provides for a wage increase. This information is confidential and the Union will not reveal it to any other party. 13.09 In the event that an employee covered by this Agreement transfers into a position beyond the scope of this Agreement, the employee will have a trial period of up to 120 days. During this time, either the employee or the Company may return the employee to the previous position and rate without loss of seniority. If the employee remains in a position beyond the scope of this Agreement past 120 days, then the employee’s seniority will be frozen and he/she will not accumulate any further seniority. Should the employee remain in a position beyond the scope of the Agreement in excess of 6 months then he/she will lose all seniority previously acquired. Any variation of this shall be by mutual Agreement between the Company and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. 14.01 The seniority of an each employee governed by this Agreement shall be based on his period of continuous service for the EMPLOYER. The seniority of a new employee shall be defined as length established after a trial period of uninterrupted service since sixty (60) calendar days, save and except for salesmen, outside collectors, employees working on credit or collection and drapery sales clerks, whose trial period shall be of four (4) calendar months, and shall be calculated from the last date of hire with commencement of employment. However, the Companyparties may agree to extend the trial period. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an An employee shall be lost and his/her employment automatically terminated lose his seniority rights, regardless of his years of continuous service, for any of the following reasons. (a) he/she , and the duration of his continuous service shall be maintained in the other cases: If he voluntarily quits his/her his employment; (b) he/she retires; (c) he/she ; If he is discharged dismissed for just cause and is not reinstated; (d) he/she does not perform work for the Company for a period of twelve (12) months in cause; In the case of lay-off; (ea regular employee, upon his failure to report to work within the five ( 5 ) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days following his recall after a layoff due to lack of work, unless an explanation satisfactory his failure to report to work is due to sickness or other justifiable cause for which the onus of proof is on the employee; this recall must be made by telephone and confirmed by registered mail, certified letter or messenger service with acknowledgement of receipt, with a copy sent to the Company is given by UNION. In the case of a part-time employee; (g) , if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she he fails to return to work immediately after a recall from layoff within seven (7) days after such recall notice was forwarded by registered mail to his last known address on file with the Company EMPLOYER; In the case of a regular employee, after twelve (12) calendar months, following a layoff; In the case of a part-time employee, if he has been notified by laid off continuously for a doctor period of more than twelve (12) months, or Workplace Safety and Insurance Board that a period equal to his seniority, whichever is the employee lesser; In the case of a regular employee, if he is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.absent for three

Appears in 1 contract

Samples: Collective Labour Agreement

SENIORITY. 14.01 The seniority 7.01 During the first 6 months of an employee employment, all employees shall be defined as length considered on probation. Any absences from work totaling more than 10 working days in the 6 month period will extend the probationary period by an equivalent number of uninterrupted service since working days. After completion of the last date of hire with probationary period, the Company. Seniority employee's name shall only then be credited upon with 6 months seniority. For the completion purpose of this Article, there shall be a probationary period of ninety separate Lines Department (90) calendar days for full- time including Metering, and four hundred Customer Service), and eighty-seven Dispatch and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementStores seniority list. 14.02 The 7.02 When making lay-offs and recalls of employees, departmental seniority of an shall apply, providing the employee shall be lost has the necessary qualifications and his/her employment automatically terminated for any ability to perform the work available. 7.03 Any permanent employee covered by the bargaining unit who is promoted to a position outside of the following reasons. (a) he/she quits his/her employment; (b) he/she retires; (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company bargaining unit shall retain their seniority for a period of twelve (12) months in months. Employees returning to their former classifications from outside of the 7.04 Employees shall lose all seniority and will no longer be employees of the case Corporation if they: (a) Voluntarily quit the employ of the Corporation; (b) Are discharged for cause, unless reversed through the grievance procedure; (c) Are laid off for a period of more than eighteen (18) months, or are laid off for a period of one (1) month with seniority of less than one (1) year (accumulative), temporary labour to be excluded. (i) Fail to report for work within ten (10) days after being notified by registered mail sent to the last address registered with the Corporation to return to work following a lay-off; (ii) Fail to notify the Human Resources Department within three (3) days after receipt of such notice of their intention to report for work; (iii) Fail to report for work for three (3) days without leave of absence or without notifying their immediate supervisor. If the immediate supervisor is unavailable, another supervisor in the work unit may be notified. If the employee is too ill to telephone, the employee's spouse or other close relative may notify the appropriate supervisor; (e) he/she does not perform work for the Company for a period of twenty-Are still absent from duty due to illness or non compensable injury after twenty- four (24) months for any other reason other than lay-offof being on Long Term Disability, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given or when declared totally disabled by the employee;Insurance Company, whichever is the earlier of the two. (g) if an employee overstays a vacation or leave 7.05 It shall be the duty of absence without securing employees to notify the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days Department promptly in writing of mailing any change of notification to returntheir address. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes shall fail to do this, the Corporation will not be responsible for failure of a leave of absence for purposes other than those for which it was granted; (j) he/she fails notice to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentreach employee's address.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The seniority of an employee 19.01 Seniority as referred to in this Agreement shall be defined as mean length of uninterrupted service since in the bargaining unit dating back to the last date of hire and shall be applied on a bargaining unit-wide basis. 19.02 An employee shall lose his or her seniority and shall be deemed to have terminated employment in the following circumstances: a) if he or she voluntarily quits his employment with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons. (a) he/she quits his/her employmentEmployer; (b) he/she retires; (c) he/that he or she is discharged for just cause and is not reinstatedreinstated through the grievance or arbitration procedures; (dc) he/that he or she does not perform is off work because of lay-off, accident or illness for the Company for a period of twelve (12) months in or the case length of the employee’s seniority, whichever is shorter; d) fails to notify the Employer within three (3) working days that he or she will report to work after being notified by the Employer to report for work or subsequently fails to report for work within five (5) working days after being notified by the Employer by registered mail to report for work following lay-off;off unless a reason satisfactory to the Employer is given. (e19.03 An employee shall accumulate seniority under any of the following circumstances: a) he/she does not perform when actually at work for the Company Employer; b) when absent on vacation with pay, on plant holidays, approved leave of absence in accordance with Article 11 (up to three (3) months of absence); c) during any period when he or she is prevented from performing his or her work for the Employer by reason of illness, accident and/or injury arising out of and in the course of his or her employment for the Employer and for which he or she is receiving compensation under the provisions of the Workers’ Compensation Board Act for a period of twenty-four up to twelve (2412) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;months. (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an 19.04 An employee who is recalled does not qualify to work fails accumulate seniority under Article 19.03 shall maintain his or her existing seniority, unless and until he or she loses same pursuant to return within ten (10) calendar days of mailing of notification to return. Such mailing Article 19.02. 19.05 Employees shall be by registered mail required to notify the Employer of any change of address or telephone number. The Employer shall be entitled to rely upon the last address of the employee that the Company has in its files for that employee; (i) If and telephone number furnished to it by an employee utilizes for all purposes. 19.06 Seniority lists shall be revised and posted in the workplace every six (6) months and a leave copy sent to the Union. 19.07 In the event of absence layoffs and for purposes other than the purpose of recalling those for which it was granted; (j) he/she fails to return to work immediately after the Company has who have been notified by a doctor or Workplace Safety and Insurance Board that laid off, seniority shall govern as long as the employee is able to return to his/her job provided that perform the Company has met its obligations to accommodate the employee under any applicable legislation. It available work. 19.08 Employees returning from leave as spelled out in Article 11 or Article 19.03b) will be returned to their former shift and former duties within two (2) days of returning to work or within one (1) week if absent or leave was more than five (5) working days subject to position existing and the responsibility seniority provisions of employees the Collective Agreement. 19.09 In the event that an employee covered by this Agreement should be promoted to provide written notification a supervisory or confidential position beyond the scope of any changes the Agreement, as defined in their address to Article 1 – Recognition, he or she shall retain his accumulated seniority for a one (1) year period form the Human Resources Departmentdate of appointment or length of seniority, whichever is shorter. Following the expiry of the preceding limits the employee’s name shall be considered deleted form the seniority list, except for the purposes of vacation pay percentages.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The seniority 10.1 For the purposes of this Article, service shall mean the service as an employee as defined in Article 1 - Definition. 10.2 Seniority is based on an employee's total length of unbroken service. 10.3 An employee who ceases to be an employee as defined in Article 1, but who remains in the employ of the Company at Queen's University, shall retain credit for his/her accumulated seniority, and shall be defined entitled to such seniority if he/she subsequently resumes a status as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of an employee under this Agreement within a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementmonth period. 14.02 The seniority of 10.4 If there is a break or breaks in an employee shall be lost and employee's service, his/her employment automatically terminated for any seniority shall be based on his/her length of unbroken service which shall have accumulated since his/her last rehiring by the following reasonsCompany. 10.5 A break in an employee's service with the Company shall be deemed to have occurred: (a) If he/she quits his/her employmentleaves the employ of the Company; (b) he/she retires; (c) If he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for reinstated through the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-offgrievance procedure, provided that the Company has met its obligations to accommodate the including an instance where an employee under any applicable legislation; (f) he/she is absent from work without permission notice to the Company for more than three (3) consecutive working days unless an explanation satisfactory and subsequently fails to provide the Company is given by the employeewith a reasonable explanation for his/her absence and failure to give notice; (gc) if an employee overstays a vacation If he/she is laid off because of lack of work and is not recalled within one (1) year, or leave of absence without securing the extension of such leave of absence two (2) years for those who have five (5) or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;more years' seniority. (ha) if an A new employee shall be on probation until he/she has completed sixty (60) days of work for the Company. Thereafter, his/her length of service shall be calculated from his/her date of hiring. Employees, at the discretion of management, may be removed from probationary status earlier than sixty (60) working days. (b) An employee who is recalled rehired within a one (1) year period shall not be regarded as a probationary employee nor shall they be required to work fails to return within ten have a trial period as described in Article 11.1 (10) calendar days e). Length of mailing of notification to return. Such mailing service shall be calculated from date of rehiring. (c) A probationary employee shall have all rights under the terms of this Agreement, except where such employee is discharged by registered mail to the last address of the employee that the Company has during this period; it shall not be open to review under the grievance procedure set out in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentthis Agreement and/or arbitration.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The seniority of an employee 21.01 Seniority as referred to in this Agreement shall be defined as mean length of uninterrupted service since in the last bargaining unit, dating back to original date of hire with at the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided locations identified in this agreement.Article I 14.02 The seniority of an 21.02 An employee shall lose his/her seniority and the employee's employment shall be lost and deemed to be terminated in the following circumstances: (a) if he/she voluntarily quits his/her employment automatically terminated for any of with the following reasons. (a) he/she quits his/her employmentEmployer; (b) that he/she retiresis discharged and is not reinstated through the Grievance or Arbitration Procedures; (c) fails to notify the Employer within two (2) working-days that he/she will report to work after being notified by the Employer to report for work or subsequently fails to report for work within five (5) working-days after being notified by the Employer by registered mail to report for work following lay- off unless a reason satisfactory to the Employer is discharged for just cause and is not reinstatedgiven; (d) he/she does not perform absence from work for one (1) day without notifying the Employer, except in extenuating circumstances; (e) if they accept other employment during any leave of absence granted by the Employer. 21.03 An employee shall accumulate seniority under any of the following conditions: (a) when actually at work for the Employer; (b) when absent on vacation with pay, on plant holidays or on approved leave of absence [up to three (3) months for leave of absence]; (c) during any period when they are prevented from performing their work for the Company by reason of illness, accident and/or injury arising out of and in the course of their employment with the Company and for which they are receiving compensation under the provisions of the Workplace Safety and Insurance Act for a period of up to twelve (12) months in or the case employee's seniority, whichever is shorter (d) An Employee that is off due to sickness and/or Accident will come back to their regular position provided they can perform their regular duties regardless of lay-off;time absent., if the employee is unable to perform their regular duties, the Employer would have the right to assign different position until the said Employee is ready to perform regular duties. (e) heAn Employee returning from an extensive period of Illness or/she and Accident will provide 30 days’ notice to the Employer prior of commencing their functions. 21.04 An employee who does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations qualify to accommodate the employee accumulate seniority under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.Article

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. 14.01 The seniority 16.01 During the first three (3) months of employment with the Employer, an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of considered a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) monthsemployee and, whichever comes firston qualifying, for part- time. Seniority rights his seniority will apply only date back to the extent expressly provided in this agreement. 14.02 The seniority time of hiring. During his probationary period an employee shall be lost subject to all the provisions of this Agreement, save and his/her except the grievance and arbitration procedure in the event of his lay-off or termination of employment. 16.02 In the event that the first three (3) months of employment automatically terminated with the Employer are interrupted by a lay-off, the employee, if rehired within a period equal to his former service with the Employer, shall receive credit for any the number of calendar days previously employed by the Employer. 16.03 In lay-offs of employees from the work place seniority shall be the governing factor, provided that the employees retained are able, willing and qualified to perform the work. Notwithstanding the foregoing, the shop xxxxxxx shall be one of the following reasons. (a) he/she quits his/her employment; (b) he/she retires; (c) last seven persons remaining on the job provided he/she is able, willing and qualified to perform the work available. 16.04 Permanent lay-offs shall be in accordance with the Employment Standards Act. 16.05 Employees shall be recalled in reverse order of lay-off provided that the employee recalled is able, willing and qualified to do the work. 16.06 An employee will lose his seniority and his employment: if he is discharged for just cause and if he voluntarily quits or retires if he fails to report to the Company within three (3) working days after the termination of a leave of absence, or if he fails to report to work following a lay-off within three (3) working days after being notified to return to work, or if he is not reinstated; absent without leave for three (d3) he/she does not perform days or more. These days may be extended by the Company if a valid reason can be given. if he is absent from work due to illness, accident or lay-off for the Company for a period length of his service, up to twelve (12) months in the case of lay-off; (e) he/she does not perform months. if he is absent from work for the Company for a period of due to more than twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentmonths.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The 12.01 An employee will be considered a probationary employee for the equivalent of the first three (3) months of work. During such period he will have no seniority rights, and the Company will not be obligated to consider any grievance relating to the termination of employment of such an employee. Upon completion of three (3) months of service the employee will have his seniority dated as of the date three (3) months previous. 12.02 Seniority as referred to in this Agreement will mean the length of service in the employ of the Company, and shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of on a probationary period of ninety (90) calendar days for full- time and four hundred and eightybranch-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons. (a) he/she quits his/her employment; (b) he/she retires; (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work wide basis except for the Company for a period of twelve (12) months in the case purposes of lay-off; . Employees who transfer to full-time from part-time will be required to work one (e1) he/she does not perform work for calendar year in full-time in order to exercise their total seniority with the Company for a period the purposes of twenty-four (24) months for any other reason other than lay-off, provided that . 12.03 An employee shall lose his seniority standing:- a) If he quits his employment with the Company has met its obligations Company. b) If he is discharged and is not reinstated pursuant to accommodate the employee under any applicable legislation;provisions of Article 10. (fc) he/she If he is absent from work without permission leave for more than three (3) consecutive working days unless unless, in the opinion of the Company, there is reasonable justification for such absence. d) If he has been laid off and while he still retains his seniority he fails to report within five (5) days of notice to return to work. e) If he has been laid off for a continuous period of twelve (12) months. 12.04 Time lost solely because an explanation satisfactory employee is absent from work due to a sickness or an accident which is properly reported, shall be included as time worked for purposes of seniority credits up to a maximum of twelve (12) months. It is understood that the foregoing shall in no way restrict the right of the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if discipline an employee who is recalled absent without just cause or who is absent from work to work fails a degree which seriously interferes with operations. An employee's reinstatement after such leave will be conditional upon his supplying, if requested a certificate from a physician that he is fully recovered from the sickness or accident which caused his absence. The Company will pay for Doctor’s Certificate(s), if requested by the Company, and a cost is incurred. 12.05 The Company agrees to return within ten supply immediately following the signing of this Agreement, a seniority list showing the name and starting date of each employee. The Company further agrees to revise this list each six (106) calendar days months, or upon special request by the Union. A copy of mailing of notification to return. Such mailing shall the list will be by registered mail posted in the shop, a copy given to the last address of Union. 12.06 In the employee event that the Company has in its files for that employee; (i) If an employee utilizes covered by this Agreement should be promoted to a leave supervisory or confidential position beyond the scope of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after this Agreement, he shall retain the Company has been notified by a doctor seniority previously acquired and have added thereto the seniority accumulated while serving in such supervisory or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentconfidential capacity.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The seniority of an employee 8.01 Seniority shall be defined as mean the length of uninterrupted service since continuous employment in an employee’s classification in the bargaining unit from the last date of hire with the Company. Seniority shall only . 8.02 An employee will be credited upon considered on probation and will not be subject to the seniority related provisions of this Agreement and not be placed on the seniority list until after the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementfrom date of hire. 14.02 The seniority of an 8.03 An employee shall lose all seniority and shall be lost and his/her deemed to have terminated employment automatically terminated for any of with the following reasons.Company: (a) he/she quits his/her employmentby voluntarily leaving the employ of the Company; (b) he/she retiresif an employee is discharged and is not reinstated pursuant to the grievance and arbitration procedure as provided in this contract; (c) he/she is discharged for just cause if an employee has been laid off and is not reinstatedfails to reply to a recall notice, within five (5) days of its mailing by registered mail to the employee’s last known address and/or failing to return to work within five (5) days of receiving such notice. It shall be the employee’s responsibility to keep the Company informed of any change in the employee’s address; (d) he/she does not perform if an employee overstays a leave of absence granted by the Company without securing an extension in writing, of such leave of absence unless the extension is due to circumstances beyond the control of the employee, whereupon the employee must notify the Company by telegram of the circumstances and probable return date; (e) if an employee on a leave of absence takes employment other than that declared and agreed upon when applying for the leave of absence; (f) if an employee is absent from work for three (3) or more consecutive working days without notification to the Company unless such failure is a result of circumstances beyond the control of the employee; (g) if a seniority employee is laid off and not recalled within twelve (12) months from the date of lay off or the length of their seniority, whichever is lesser; (h) if an employee is absent due to non-occupational illness or accident for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager date of accident occurred or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employeeillness commenced; (i) If if an employee utilizes is absent due to occupational illness or accident for a leave period of absence for purposes other than those for which it was granted24 months from the date the accident occurred or the illness commenced; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the if an employee is able retired in accordance with Company policy. 8.04 Bargaining unit employees who accept promotion or transfer out of the Bargaining Unit for a period of three (3) months shall lose all Bargaining Unit Seniority. 8.05 Seniority, qualifications, skill(s) and ability to return to his/her job provided that perform the Company has met its obligations to accommodate the employee under any applicable legislation. It will work required shall be the responsibility governing factors in temporary assignments between classifications. 8.06 In January and July of employees to provide written notification of any changes each year thereafter, the seniority list, including the employee’s seniority, service date and employment status (full-time or part-time) shall be posted in their address the various departments and a copy mailed to the Human Resources DepartmentUnion.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The seniority of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons. (a) he/she quits his/her employment; (b) he/she retires; (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) ; If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) ; he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The seniority 20.01 Seniority as referred to in this Agreement shall mean length of an service in the bargaining unit, dating back to original date of hire, and shall be applied on a bargaining unit-wide basis. 20.02 An employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided lose his seniority in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.circumstances: (a) he/she if he voluntarily quits his/her employmenthis employment with the Company; (b) he/she retiresthat he is discharged and is not re-instated through the Grievance or Arbitration Procedures; (c) he/she that he is discharged off work because of lay-off, accident or illness for just cause and twelve (12) months or the length of the employee's seniority, whichever is not reinstatedshorter; (d) he/she does not perform fails to notify the Company within two (2) working-days that he will report to work after being notified by the Company to report for work or subsequently fails to report for work within five (5) working-days after being notified by the Company by registered mail to report for work following lay-off unless a reason satisfactory to the Company is given; (e) absence from work for one (1) day without notifying the Company, except in extenuating circumstances. 20.03 An employee shall accumulate seniority under any of the following conditions: (a) when actually at work for the Company; (b) when absent on vacation with pay, on plant holidays or on approved leave of absence [up to three (3) months for leave of absence]; (c) during any period when he is prevented from performing his work for the Company by reason of illness, accident and/or injury arising out of and in the course of his employment for the Company and for which he is receiving compensation under the provisions of the Workers' Compensation Board Act for a period of up to twelve (12) months or the employee's seniority, whichever is shorter. 20.04 An employee who does not qualify to accumulate seniority under Article 20.03 shall maintain his existing seniority, unless and until he loses same pursuant to Article 20.02. 20.05 Employees shall be required to notify the Company of any change of address or telephone number. The Company shall be entitled to rely upon the last address and telephone number furnished to it by an employee for all purposes. 20.06 Seniority lists shall be revised and posted in the case work place every twelve (12) months and a copy sent to the Union. 20.07 In the event of lay-offs, and for the purpose of recalling those to work who have been laid-off, the following factors shall be considered: (a) seniority; (eb) he/she does not ability to perform work available. It is agreed that in circumstances where, between two (2) or more employees, ability is relatively equal, seniority shall govern. 20.08 Employees returning from sick leave, approved leave of absence, Workers' Compensation, or maternity leave, will be returned to their former shift and former duties within one (1) week of returning to work. 20.09 In the event that an employee covered by this Agreement should be promoted to a supervisory or confidential position beyond the scope of the Agreement, as defined in Article I - Recognition, he shall retain his accumulated seniority for a one (1) year period from the date of appointment or length of seniority, whichever is shorter. Following the expiry of the preceding limits the employee's name shall be considered deleted from the seniority list, except for the Company for a period purposes of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentpay percentages.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The seniority (a) Seniority of an employee shall be defined as mean the length of uninterrupted his unbroken service since with the last Company (or its immediate predecessor) in the bargaining unit covered by this Agreement, except as provided in clauses 9.01 (b) and (c) below. (b) It is agreed that clause 9.01 (a) above shall not be applied to alter any seniority date which has been established prior to the effective date of hire this Agreement. (c) In any case where an employee has been transferred by the Company to a position outside of the bargaining unit and the Company desires to retain his services, it is hereby agreed that the reinstatement can be made within the bargaining unit to his original rated classification and placed upon the seniority list with his original date of employment, less the amount of years and months in excess of one (1) year he spent working outside of the bargaining unit. It is understood, however, that his combined seniority would apply for vacation, pension, severance pay and welfare benefits. 9.02 For the purposes of this Agreement, Outside Employees and Inside Employees shall each be considered as a separate seniority group. A seniority list shall be maintained by the Company for each of these seniority groups showing the name and seniority date of each employee who has acquired seniority under this Agreement. Such lists will be posted quarterly on the bulletin boards of the respective seniority groups. 9.03 An employee's service with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee Company shall be lost and his/her employment automatically terminated for any of the following reasons.broken if that employee: (a) he/she quits his/her employment;Voluntarily leaves the employ of the Company, or (b) he/she retires;Is discharged, or (c) he/she is discharged Is absent without leave for just cause and is not reinstated;a period greater than two (2) working days, or (d) he/After layoff fails to report for work five (5) working days after being recalled. The Company shall forward a registered letter to the last known address. If the person fails to report for work, he or she does not perform work for the Company shall forfeit all seniority rights. (e) Is on layoff for a period in excess of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentmonths.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 12.01 The term “seniority”, as used herein, shall mean accumulated service, as calculated from the date specified in Article 11.01. 12.02 In the case of equality in seniority ranking, seniority shall be determined by the alphabetical order of an employee’s last names. A change of last name shall not alter seniority status. 12.03 An employee shall be defined as length of uninterrupted service since the last date of hire loose seniority and his employment with the Company. Seniority shall only Company will be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.: (a) he/she quits his/her employmentif he voluntarily quits; (b) he/she retiresif he is discharged and not reinstated through the grievance procedure; (c) he/she is discharged for just cause and is not reinstatedIf he retires; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate if the employee under any applicable legislation; (f) he/she is absent from work without permission Company approved leave of absence, for more than three (3) consecutive working days unless an explanation satisfactory days, without a valid reason; (e) if the employee has been laid off and fails to notify the Company is given by the employeeof his/her intention to accept recall within five (5) working days of being notified of recall without a valid reason, or fails to report for work within five (5) working days of notification without a valid reason or such longer period as mutually agree to. (f) if an employee overstays any Company approved leave of absence without a valid reason; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who laid off and is not recalled to work fails to return within ten for a period extending beyond thirty-six (1036) calendar days of mailing of notification to return. Such mailing months. 12.04 It shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees the employee to provide written notification notify the Company, in writing, promptly of any changes change in their address and telephone number (listed or unlisted). If an employee fails to do so, the Human Resources DepartmentCompany will not be responsible for failure of any contact, notice or recall to reach such employee. The Plant Chairperson is to be notified if an employee fails to accept recall. 12.05 The Company agrees to post an up-to-date seniority list once every three (3) months. A copy of the seniority list will be provided for the Plant Chairperson. 12.06 An employee who is no longer able to perform the work in his classification, but is capable of performing other duties, any employee who has incurred a temporary or permanent partial disability, may by mutual agreement between the Company and the union, be assigned to or retained at an operation which he is capable of performing at the prevailing rate of pay of that position.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. 14.01 The 26.1 Seniority will be computed in daily increments, from the most recent date of employment with XXX, and, except as provided in Section 27.6, below, represents the employee’s length of continuous service within the bargaining unit. 26.2 Seniority will accrue during periods of paid vacation and sick leave and other leaves with pay. Seniority will not accrue during periods of layoff. However, for those employees who were employed prior to 1992, seniority will be calculated based on the original date of hire, regardless of breaks of service for the period to January 1, 1992. 26.3 Seniority accrual will cease and all accrued seniority will be forfeited when: a. an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.resigns from XXX; 14.02 The seniority of b. an employee shall be lost and his/her employment automatically terminated for any of the following reasons. (a) he/she quits his/her employment; (b) he/she retires; (c) he/she is discharged for just cause and is not reinstatedcause; c. an employee on xxxxxx fails to respond to a recall notice within the time periods or in the manner specified in Article 33 (d) he/she does not perform Xxxxxx and Recall); x. the recall rights of an employee on layoff expire; e. an employee is absent from work for three (3) consecutive work days without notifying XXX unless the Company employee has a valid reason justifying the failure to notify XXX; f. an employee who is discharged and then reinstated by an arbitrator fails to report to work within five (5) work days after the employee’s receipt of a notice of reinstatement or within fifteen (15) work days after XXX sends a notice of reinstatement to the last address furnished to XXX by the employee, whichever is sooner; or g. an employee, without authorization, fails to return on the next work day following disciplinary suspension. 26.4 An employee whose seniority has been forfeited will be credited for a period purposes of vacation accrual rate with the seniority he or she had prior to forfeiture and will be re-credited with up to ten (10) days of forfeited accrued sick leave when: a. the employee is re-employed by XXX within twelve (12) months after forfeiture of seniority; or b. the employee is re-employed after resigning from XXX to accept employment with a C/SNA o r M S D without any break in employment. 26.5 An employee who returns to or becomes a p a r t o f t h e bargaining unit from a non- bargaining unit position without any break in XXX employment will be credited for all purposes with the seniority the employee had prior to leaving and/or joining the bargaining unit. In addition, the employee will be given seniority credit for all purposes for the time worked in the case non- bargaining unit position, and will retain any accrued leave. 26.6 An employee with no prior XXX employment who is hired by XXX directly from a C/SNA or Multi-State Division (MSD) will be credited for purposes of layvacation accrual rate with the number of years of continuous service with the C/SNA or MSD. 26.7 Part-off;time employees will receive seniority pro-rata. (e) he/she does 26.8 An employee who has forfeited seniority will not perform work be re-accredited with that seniority for the Company for a period of twenty-four (24) months competitive purposes or for any other reason purpose other than lay-offvacation accrual rate, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentaccordance with Sections 26.4 -26.6, above.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. 14.01 The seniority of an employee shall be Section 1. Seniority is hereby defined as the length of uninterrupted continuous service since with the Employer. Seniority rights of regular, full-time employees shall begin as of the date of their last date of hire with the Company. Seniority Employer but shall only not be credited upon the completion of effective until after they have worked a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes firstduring which period they may be terminated without further recourse provided, however, that said termination shall not be for the purpose of circumventing the terms of this Agreement. Section 2. Seniority shall be the determining factor in all matters related to layoff, recall, and bidding, provided qualifications and ability are equal; however, for part- time. Seniority rights will apply only to purposes of layoff and recall, seniority shall be the extent expressly provided in this agreementdetermining factor within the classification affected. 14.02 The seniority of an Section 3. An employee shall lose all seniority rights and continuous service shall therefore be lost and his/her employment automatically terminated for any of the following reasons.broken, if: (a) he/she voluntarily quits his/her employment;the service of the Employer, or (b) he/she retires; (c) he/she is discharged for just cause and is not reinstated;cause, or (dc) he/she does has not perform work for been employed by the Company Employer for a continuous period of twelve (12) months in months, or d) there is a failure to report or to communicate with the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than Employer within three (3) consecutive working days unless an explanation satisfactory after receipt of a certified letter to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the ’s last address of record, offering him/her reinstatement, unless he/she gives a satisfactory reason for the employee that the Company has in its files failure to report or communicate, or e) fails, without giving a valid excuse, to report for that employee; work within three (i3) If an employee utilizes days following expiration of a leave of absence for purposes other than those for which it was granted;absence, or (jf) he/she fails there is failure to return report to work immediately after or notify the Company has been notified by a doctor or Workplace Safety and Insurance Board that Employer of the employee is able to return to reasons for his/her job provided that absence, within three (3) working days from the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility beginning of employees to provide written notification of any changes in their address to the Human Resources Departmentsuch absence.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. 14.01 (a) Notwithstanding anything to the contrary contained in this Agreement, a person shall be considered to be a probationary employee and shall have no seniority until they have worked four hundred and eighty (480) regular hours, at which time they shall become entitled to seniority dating from their last hiring with the Company. (b) The Company shall have the right to discharge a probationary employee for any reason and such discharge shall not be the subject of a grievance under this Agreement. (c) Casual and student employees shall have no seniority or rights affected by seniority. (d) The Company will post a seniority list for regular full time employees annually in the month of April each year. This list will show both Company and departmental seniority of an employee. (e) No objection may be taken by the Union or by any employee to a seniority list unless written notice of objection is given to the Company within two (2) months after the posting of the seniority list in which the item first appeared. (f) The seniority of an employee shall be defined as length of uninterrupted service since completely lost and their employment shall be terminated if the last date of hire employee: (i) quits; or (ii) is discharged and not reinstated in accordance with the Company. Seniority shall only be credited upon provisions of this Agreement; or (iii) is absent from work for three (3) or more consecutive days without notifying the completion of Company or without providing the Company with a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only medical certificate from a physician as to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated reason for any of the following reasons.such absence; or (aiv) he/she quits his/her employment; (b) he/she retires; (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for laid off by the Company for a period in excess of twelve eighteen (1218) months in the case of lay-off;months; or (ev) he/she does not perform fails to report for work upon being recalled if the employee has been given fourteen (14) days notice of recall; or (vi) uses an authorized leave of absence for a purpose other than that for which the Company leave was granted; or (vii) fails to return to work upon the expiration of an authorized leave of absence; or (viii) reaches the age of sixty-five (65); or (ix) is absent from work due to illness or injury for a period exceeding twenty- four (24) months. This shall not apply where the parties have met prior to expiry of the twenty-four (24) months for any other reason other than lay-off, provided that month period to review the Company has met its obligations employees situation and there exists a reasonable plan to accommodate return the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled Employee to work fails to return within ten a further twelve (1012) calendar days of mailing of notification to return. Such mailing shall be by registered mail to months and the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return Employee returns to work immediately after within the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmenttwelve (12) months.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The seniority of an employee 11.01 Seniority in this Agreement shall be defined as mean length of uninterrupted service since the last date of hire with the Company. 11.02 To establish seniority lists for those persons in the employ of the Company at the signing of this Agreement, the date of full-time hire shall be used. Seniority The seniority list shall be updated and posted with a copy mailed to the Union office every twelve (12) months. There shall only be credited upon one seniority list for all employees. (a) In the completion case of date duplications, an alphabetical list shall be prepared in accordance with surname and those at the top of the list shall be deemed to be hired first. 11.03 New employees hired by the Company will be considered as probationary employees for sixty (60) accumulative working days over a six (6) month period. After employees have finished their probationary period period, they will be entered on the seniority lists of ninety (90) calendar days the Company and will rank for full- time and four hundred and eighty-seven and one half (487.5) hours worked seniority from the date of hire, or six (6) months, whichever comes firstis less, for part- timein the department in which they are presently employed. Absences, excused or otherwise, during the probationary period will not be counted as forming part of the sixty (60) working qualifying days. 11.04 Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee and employment shall be lost and his/her employment automatically terminated for any of the following reasons.: (a) he/she quits his/her employmentIf an employee voluntarily quits; (b) he/she retiresIf an employee is discharged and the decision is not reversed through the Grievance Procedure; (c) he/she If the employee is discharged absent from work for just cause and is not reinstatedthree (3) working days without securing a leave of absence, unless reasons satisfactory to the Company for such absence are supplied. Proof of illness or inability to communicate will be considered a satisfactory reason; (d) If an employee has been laid off and fails to return within five (5) working days after he/she does not perform work for had been notified to do so by registered mail to his/her last known address with the Company, unless reasons satisfactory to the Company for are supplied. (It shall be the employee's responsibility at all times to keep the Company informed as to his/her current home address); proof of illness or inability to communicate will be considered a period of satisfactory reason. (e) If the employee is laid-off twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislationconsecutive months; (f) An employee's seniority will not be terminated when he/she is absent her remains away from work without permission for more than because of sickness or disability, provided the employee notifies his/her xxxxxxx within three (3) consecutive working days unless an explanation satisfactory to days. An employee returning from sick or disability leave after five (5) working days' absence must present a certificate from his/her physician stating the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address nature of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety sickness and Insurance Board that the employee is able fully received to return to perform the duties of his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmentjob.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The seniority of an employee 21.01 Seniority as referred to in this Agreement shall be defined as mean length of uninterrupted service since in the last bargaining unit, dating back to original date of hire and shall be applied on a bargaining unit wide basis by geographic address. 21.02 An employee shall lose his/her seniority and the employee's employment shall be deemed to be terminated in the following circumstances: (a) if he/she voluntarily quits his/her employment with the CompanyEmployer; (b) that he/she is discharged and is not reinstated through the Grievance or Arbitration Procedures; (c) that he/she is off work because of lay-off, accident or illness for twelve (12) months or the length of the employee's seniority, whichever is shorter; (d) fails to notify the Employer within two (2) working-days that he/she will report to work after being notified by the Employer to report for work or subsequently fails to report for work within five (5) working-days after being notified by the Employer by registered mail to report for work following lay-off unless a reason satisfactory to the Employer is given; (e) absence from work for one (1) day without notifying the Employer, except in extenuating circumstances; (f) if he/she accepts other employment during any leave of absence granted by the Employer. 21.03 An employee shall accumulate seniority under any of the following conditions: (a) when actually at work for the Employer; (b) when absent on vacation with pay, on plant holidays or on approved leave of absence [up to three (3) months for leave of absence]; (c) during any period when he/she is prevented from performing his/her work for the Employer by reason of illness, accident and/or injury arising out of and in the course of his/her employment for the Employer and for which he/she is receiving compensation under the provisions of the Workplace Safety and Insurance Act for a period of up to twelve (12) months or the employee's seniority, whichever is shorter. 21.04 An employee who does not qualify to accumulate seniority under Article 21.03 shall maintain his/her existing seniority, unless and until he/she loses same pursuant to Article 21.02. 21.05 Employees shall be required to notify the Employer of their current address and telephone number and of any change to the address or telephone number in the future. Seniority The Employer shall only be credited entitled to rely upon the completion of a probationary period of ninety (90last address and telephone number furnished to it by an employee for all purposes. 21.06 Seniority lists shall be provided to the appointed Union Xxxxxxx(s) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or shall be posted in the work place every six (6) months, whichever comes first, for part- time. Seniority rights will apply only The Employer agrees to provide the extent expressly provided in this agreementUnion with the combined full-time / part-time / casual seniority list at each geographic location at the beginning of May and December of each year. 14.02 The seniority 21.07 In the event of an employee lay-offs, and for the purpose of recalling those to work who have been laid-off, the following factors shall be lost and his/her employment automatically terminated for any of the following reasons.considered: (a) he/she quits his/her employmentseniority; (b) ability to perform work available. It is agreed that in circumstances where, between two (2) or more employees, ability is relatively equal, seniority shall govern. 21.08 Employees returning from sick leave, approved leave of absence, Workers' Compensation, or maternity leave, will be returned to their former shift and former duties within one (1) week of returning to work. 21.09 In the event that an employee covered by this Agreement should be promoted to a supervisory or confidential position beyond the scope of the Agreement, as defined in Article 1 - Recognition, he/she retires; (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to retain his/her job provided that accumulated seniority for a six (6) month period from the Company has met its obligations to accommodate date of appointment or length of seniority, whichever is shorter. Following the employee under any applicable legislation. It will expiry of the preceding limits the employee's name shall be considered deleted from the responsibility seniority list, except for the purposes of employees to provide written notification of any changes in their address to the Human Resources Departmentvacation pay percentages.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 8.01 The seniority of an employee shall be defined as means the length of uninterrupted his continuous service with the Employer since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) monthslast hiring, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided as described in this agreementArticle 9. 14.02 8.02 The seniority and employment of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.: (a) he/she quits his/her employmentif he voluntarily quits; (b) he/she retiresif he is discharged and not reinstated in accordance with provisions of the agreement; (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate if the employee under any applicable legislation; (f) he/she is absent from work without permission Employer-approved leave of absence for more than three (3) consecutive working days days, unless an explanation satisfactory the employee offers a reason acceptable to the Company is given by Employer, why he could not contact the employeeEmployer; d) if absent from work due to sickness or a noncompensable injury for a period in excess of three (3) consecutive days without providing the Employer with an acceptable medical certificate from a qualified medical practitioner; e) if an employee is laid off due to lack of work, and his recall rights expire as per Article 10; f) if an employee is absent for a period exceeding twelve (12) consecutive months on account of nonoccupational injury or illness unless the employee can submit medical evidence that a return to work is possible within a reasonable period of time; g) if an employee, upon being recalled, fails to notify the Employer within forty-eight (48) hours of being given notice of recall, or having notified the Employer, fails to report for work within three (3) days of notification of the Employer, except where extenuating circumstances existed, which meets the Employer’s approval, which prevented the employee from notifying the Employer; h) if he accepts any employment while on a leave of absence; i) if he overstays a vacation or an Employer-approved leave of absence without securing the receiving an extension of such leave of absence or vacation from absence, unless the Sales Manager or Human Resources Manager unless an explanation satisfactory employee offers a reason acceptable to the Company is given by Employer why he could not return on the employeescheduled date; (hj) if an employee who is recalled to work fails to return within ten he attains age sixty-five (10) calendar days of mailing of notification to return. Such mailing 65). 8.03 It shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees the employee to provide written notification notify the Employer in writing promptly of any changes change in their address and telephone number. If an employee fails to do so, the Employer will not be responsible for failure of any notice to reach such employee. 8.04 Any employee promoted or transferred to a job outside the bargaining unit shall maintain his accumulated seniority acquired on the date of his promotion or his transfer. When an employee returns to the Human Resources Departmentbargaining unit, he will have the accumulated seniority he had acquired at the time of promotion or transfer. 8.05 The Employer will provide the union with a current seniority list showing each employee’s seniority date, current address, classification and rate of pay, every six (6) months. (Implementation Note: the seniority list for posting in the plant will not have wage rates and addresses. )

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The seniority of an employee shall be 16.01 Seniority is defined as length the employee's hours of uninterrupted service work since the last employee's most recent date of hire hire. Seniority can only be accumulated to a maximum of 1950 hours per year. 16.02 An employee who accepts a temporary assignment with the Company. Seniority Employer outside the bargaining unit shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only continue to the extent expressly provided in this agreementaccumulate seniority. 14.02 16.03 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.: (a) he/she quits his/her employmentthe employee quits; (b) he/she the employee retires; (c) he/she the employee is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Company Employer is given by the employeeemployee for both the absence and the failure to request permission; (ge) if an the employee overstays a vacation or leave of absence without securing the a written extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager appropriate Director, unless an explanation satisfactory to the Company Employer is given by the employeeemployee for both the need for the extension and the failure to request same; (hf) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (jg) he/she the employee fails to return to work without an acceptable reason immediately after the Company Employer has been notified by a doctor physician, an insurer or Workplace Safety and Insurance Board WorkSafeBC that the employee is able to return to his/her job provided work; (h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Company Employer has met in its obligations files for that employee and such mailings shall be deemed to accommodate have been received by the employee under any applicable legislationemployee. 16.04 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. It Employees who wish to question their seniority must do so within fifteen (15) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be the responsibility of employees to provide written notification of any changes provided securely in their address to the Human Resources Departmentan agreed upon fashion.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The seniority of an employee 8.01 Seniority shall be defined as mean the length of uninterrupted service since the last date of hire continuous employment with the Company. Seniority shall only . 8.02 An employee will be credited upon considered on probation and will not be subject to the completion seniority related provisions of a probationary period of ninety (90) calendar days for full- time this agreement and four hundred and eighty-seven and one half (487.5) hours worked or not be placed on the seniority list until after six (6) calendar months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an 8.03 An employee shall lose all seniority and shall be lost and his/her deemed to have terminated employment automatically terminated for any of with the following reasons.Company: (a) he/she quits his/her employmentby voluntarily leaving the employ of the Company; (b) he/she retiresif an employee is discharged and is not reinstated pursuant to the grievance and arbitration procedure as provided in this contract; (c) he/she is discharged for just cause if an employee has been laid off and is not reinstatedfails to reply to a recall notice, within five (5) days of its mailing by registered mail or being sent a telegram to the employee’s last known address and/or failing to return to work within two (2) days of receiving such notice. It shall be the employee’s responsibility to keep the Company informed of any change in the employee’s address; (d) he/she does not perform if an employee overstays a leave of absence granted by the Company without securing an extension in writing, of such leave of absence unless the extension is due to circumstances beyond the control of the employee, whereupon the employee must notify the Company of the circumstances and probable return date; (e) if an employee on a leave of absence takes employment other than that declared and agreed upon when applying for the leave of absence; (f) if an employee is absent from work for two (2) or more consecutive working days without notification to the Company unless such failure is a result of circumstances beyond the control of the employee; (g) if a seniority employee is laid off and not recalled within twelve (12) months from the date of lay off or the length of their seniority, whichever is lesser; (h) if an employee is absent due to non-occupational illness or accident for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager date the accident occurred or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employeeillness commenced; (i) If if an employee utilizes is absent due to occupational illness or accident for a leave period of absence for purposes other than those for which it was granted24 months from the date the accident occurred or the illness commenced; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the if an employee is able retired in accordance with Company policy. 8.04 Bargaining unit employees who accept promotion or transfer out of the Bargaining Unit for a period of three (3) months shall lose all Bargaining Unit Seniority. 8.05 Seniority, qualifications, skill(s) and ability to return to his/her job provided that perform the Company has met its obligations to accommodate the employee under any applicable legislation. It will work required shall be the responsibility governing factors in temporary assignments between classifications. 8.06 Within thirty (30) calendar days of employees to provide written notification ratification and in January and July of any changes each year thereafter, the seniority list, including the employee’s seniority, service date and employment status (full-time or part-time) shall be posted in their address the various departments and a copy mailed to the Human Resources DepartmentUnion.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The seniority of an (a) An employee shall be defined as length on probation until he/she has worked four hundred and eighty (480) hours within a twelve (12) month period. (b) The Company and Union acknowledge and agree that the purpose of uninterrupted service since the last date probationary period is to permit the Company to assess the potential, capability and general suitability of hire a new employee for continued employment with the Company. Seniority . (c) Where the Company, at any time during the probation period, determines that in its sole opinion, the probationary employee does not have the potential, capability or general suitability for continued employment, it shall only be credited upon have the completion of right to discharge such probationary employee, provided that it does not act in bad faith or in a probationary period of ninety (90) calendar days for full- time discriminatory manner. 13.02 The Company shall make known to new employees their duties and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights from whom they will apply only receive instructions as to the extent expressly provided in this agreementpolicies, rules and procedures of the establishment. 14.02 13.03 In January, May and September of each year, the seniority list shall be posted in the various Departments by the 15th day of these months. The Company will provide the Chief Xxxxxxx with a seniority list and will mail (or email) a copy to the Union Office. 13.04 Subject to the provisions of an 13.01, seniority shall mean length of continuous service in the bargaining unit with the Company from the date of last hire. 13.05 Employees shall not lose seniority if they are absent from work because of sickness, disability, accident, layoff or other approved leave under this Collective Agreement, except as outlined in 13.06. 13.06 An employee shall lose all seniority and shall be lost and his/her employment automatically terminated for any of the following reasons.deemed to have quit if he or she: (a) he/she quits his/her employmentvoluntarily leaves the employ of the Company; (b) he/she retiresis discharged and is not reinstated through the grievance or arbitration procedure; (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate If the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days without securing leave of absence from their Xxxxxxx or another member of Management, unless an explanation reasons satisfactory to the Company is given by the employee;for such absence are supplied. (gd) if fails to return to work upon termination of an employee overstays a vacation or leave of absence without securing the extension of such authorized leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was the leave of absence may have been granted;. (je) he/she fails Fails to return to work immediately within seven (7) calendar days after receiving notice of being recalled from layoff, unless there are reasonable grounds why the employee is unable to do so. The Company has been notified at its discretion may require proof to support the reasons as outlined. The employee shall keep the Employer informed of the employee’s current contact information. The employee shall be deemed to have received notice to return to work if the Employer sends the employee notice by registered mail to the employee’s last known address. (f) if the employee is laid off for a doctor period in excess of eighteen (18) consecutive months. 13.07 If an employee is absent from work because of an accident or Workplace Safety and Insurance Board sickness, he or she shall not lose seniority rights except as provided herein above. The employee is required to maintain regular contact at a minimum of monthly during any course of absence. When an employee returns to work, the employee shall be returned to the position held prior to such absence provided, however, that the employee is able possesses the ability and physical fitness to qualify to the position aforesaid, but in the event that the position has been filled by another employee, he or she shall return to his/her a position of equal rating provided, however, that they possessed the ability and physical fitness to qualify to the position aforesaid. An employee shall be required to keep the Employer informed of the employee’s current contact information. Where an employee has not provided updated contact information, such employee shall be deemed to have received notice relevant to their employment status, provided the Company sends the appropriate notice to the most recent contact information on file with the Company. (a) Where a job provided vacancy occurs, permanent, temporary (in excess of eighteen (18) weeks), or a new job is created, the Employer shall post a notice of such vacancy on all bulletin boards for four (4) working days, and a copy of the notice shall be sent to the Union. The notice shall set out a description of the job, the qualifications required of applicants for the job, the hours of work (shift) and the wage rate for the job. Employees interested in the job posting will sign the posting within the four (4) working days. At the end of the four (4) working days of the posting, a copy of the signed posting will be given to the Chief Xxxxxxx. Class 4 positions – One (1) day trial Class 3 positions – three (3) day trial Class 2 positions – Five (5) day trial Class 1 positions – ten (10) day trial period It shall be understood by all parties that due to production schedules, there may not always be available work on relevant machines necessary to qualify an employee for a specific position, which can create delays in the process to award the position. The Company will make every effort to complete position trials within the specified time period. (b) In filling job vacancies, including promotions, the job shall be awarded within fourteen (14) calendar days of the posting. In selecting employees for a posted vacancy, senior employees shall be given preference, providing they have the skill and ability to perform the required work, however, the affected employee will be given five (5) working days to perform that job up to the Company’s quality and quantity standards. Within those five (5) working days, the Company will provide sufficient in-house training to the employee. Employees should provide an answer for suitability within one (1) full shift for their intent to take the new role. (c) If the employee fails to meet the requirements of the job during the trial period, they will be returned to their former position. If the employee wishes to relinquish the new position within the trial period, the employee may do so and return to their former position. (d) The Company shall post the name of the successful applicant on the bulletin board and a copy shall be given to the Chief Xxxxxxx. (e) The successful applicant will begin to receive the rate of the posted position as specified by the Collective Agreement, on the successful completion of the trial period. (f) Employees cannot post for a new job within six (6) months of being the successful candidate of a posting unless it is a higher-level position or promotion (no lateral transfers). (a) The Company will determine the successful candidate for a supervisory position in the bargaining unit or outside the bargaining unit, no seniority will govern. This clause includes the lead hands. The Company cannot appoint a lead hand unless the employee has passed their probationary period. The Company will discuss the appointment with the department Xxxxxxx, but the final right is reserved to the Company. (b) If a bargaining unit member is offered a position in management, then the Company and the Union agree that the Company has met its obligations to accommodate employee’s seniority in the bargaining unit will be maintained for a period of three (3) months. During this three (3) month period, the employee under any applicable legislation. It will be not exercise the responsibility of employees right to provide written notification of any changes in their address hire, fire or discipline and the employee will continue to the Human Resources Departmentpay Union dues.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The parties recognize that job opportunity and security increase in proportion to length of service. It is therefore agreed that in all cases of vacancy, promotion, transfer, termination other than discharge for just cause, lay-off or recall from lay-off, senior employees shall be entitled to preference. For the purposes of lay-off and recall, seniority shall apply to each classification group separately. In the event of lay-offs for lack of work, the following procedures will be observed. a) Students then probationary employees, shall be terminated before regular full time employees are effected; then b) In the event that an employee(s) is hired on the same date as one (1) or more other employees, and is involved in a lay-off or recall, shall be in conformity with their individual sequential position on the seniority listing. c) When it is found necessary to recall employees to the work force, the following procedure will be used: 1. Recalls from lay-off will be by seniority, that is, the senior employee on lay-off shall be recalled first and said employee should have the ability and physical fitness to perform the work required. 2. The employee so selected for recall shall be contacted by registered letter as outlined below with a request to return to work. A verbal request to return to work may be utilized to attempt to have the employees return quickly to the work force but in no case will an employee be considered as terminated where he answers negatively to a verbal recall or fails to give a definite answer to a verbal recall. 3. When an employee is given notice of his/her recall from lay-off to active employment by registered mail to his/her last recorded address, the employee must return to work on that date and at the time specified in the registered letter or within five (5) working days from the date of the mailing of the registered letter, whichever is the later date. Failure to properly respond to the foregoing requirements, the employment of an employee shall may be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of terminated unless he/she can provide and substantiate a probationary period of ninety (90) calendar days bona fide reason for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreementnot doing so. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any In recognition however, of the following reasons. (a) he/she quits his/her employment; (b) he/she retires; (c) he/she responsibility of the Company for the efficient operation of the business, it is discharged for just cause understood and is not reinstated; (d) agreed that in all such cases the Company shall have the right to pass over any employee if it establishes that he/she does not have the ability or physical fitness to perform the work for the Company for after a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation reasonable trial or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Departmenttraining period.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 (a) The rules of this agreement respecting seniority rights are designed to give employees an equitable measure of an security based on their length of continuous service in the bargaining unit in which they are employed. (b) Seniority of each employee covered by this Agreement shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of established after a probationary period of ninety (90) calendar working days for full- time within any twelve (12) month period and four hundred shall count from the date of employment. Probationary periods may be extended by mutual agreement between the Company and eighty-seven and one half the Union. During such probationary period the employee will have no Seniority rights. (487.5c) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only The word “seniority” as used in this Agreement shall mean the length of a employee’s service with the Company measured from the employee’s first day of work unless such employee’s seniority is hereafter broken under the Terms of this Article. 11.02 A seniority employee shall continue to the extent expressly accrue seniority except as otherwise provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasonsAgreement. (a) he/she quits his/her employmentProbationary employees shall not receive credit for time off sick, statutory holidays or layoffs toward the ninety (90) working days of employment required to acquire seniority. (b) In the event a probationary employee’s performance is unsatisfactory the Company will make available to the Union, the employee’s performance evaluation, prior to layoff or discipline. 11.04 Seniority will be lost and employment will be terminated if a employee who has gained seniority with the company: (a) quits, resigns or retires; (b) he/she retires; (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform fails to report to work for or fails to notify the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation without supplying a reason satisfactory for such failure; he/she will be assumed to have forfeited his/her seniority rights under this agreement; (c) With less than one (1) year of seniority is laid off and not recalled for a period of six (6) months or in the case of a employee with one (1) or more years of seniority twelve (12) months; (d) If the employee fails to report to work in accordance with a notice of recall, or within five (5) working days of registered mailing date of such notice, whichever is later; (e) Is discharged and not reinstated pursuant to the Company is given provisions of the grievance and/or arbitration procedures contained herein; (f) Overstays a leave of absence granted by the employee;Company without notifying the Company and without supplying a reason satisfactory for such failure (g) if an employee overstays a vacation or Engages in gainful employment while on leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory Company. 11.05 A probationary employee will start to acquire seniority from their original date of hire one working day at a time until they achieve a total of ninety (90) working days of service. In the Company is given event that more than one employee finished probation and qualifies for seniority on the same date, their respective seniority will be determined by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days drawing of mailing of notification to returnlots. Such mailing shall First name drawn will be by registered mail to the last address of most senior person; second name drawn will be the employee that second most senior and so on until all employees in the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor group receive their seniority order. The Union Chairperson or Workplace Safety and Insurance Board that the employee is able to return to his/her designate will act as a witness to the draw. 11.06 The appointment, selection or promotion of any employee to a position not subject to the provisions of this Agreement is not covered by this Agreement. If a seniority employee is appointed, selected or promoted to a position which is not subject to the provisions of this Agreement and is transferred back to a position within the bargaining unit within thirty (30) working days such employee will return to the bargaining unit with all of the seniority which that employee had at the time of his/her appointment, selection or promotion. 11.07 The Company will maintain and post an updated plant-wide seniority list on a monthly basis. Such lists shall show employees' job classifications. Copies of such lists shall be provided that to the Union Chairperson. The Company has met its obligations will supply the Plant Committee with the following information upon request: (a) Employees who acquire seniority (b) Employees by classification (c) Employees transferred into or out of the bargaining unit (d) Employees laid off or recalled (e) Employees who have lost seniority (f) Employees who are discharged 11.08 The company will provide to accommodate the employee under any applicable legislation. Plant Chairperson on a quarterly basis, names, addresses and phone numbers of all Union employees covered by the provisions of this Agreement. 11.09 It will shall be the responsibility of employees the employee to provide written notification notify the Company promptly in writing of any changes in their change of name, address or phone number. 11.10 A reasonable amount of time will be allowed for orientation to the Human Resources Departmentunion for new employees as agreed upon by the Company and Union.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 10.01 The term "seniority" as used herein, shall mean accumulated service calculated from the full-time employee's original hiring date, as described in Clause 9.01. 10.02 In the case of equality in seniority of an employee ranking, seniority shall be defined as length of uninterrupted service since the last date of hire determined by alphabetical order. 10.03 An employee will lose his seniority and his employment with the Company. Seniority shall only Company will be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) monthsterminated, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.: (a) he/she quits his/her employmentIf he voluntarily quits; (b) he/she retiresIf he is discharged, and not reinstated through the grievance procedure; (c) he/she If he is discharged for just cause and is not reinstatedretired, under the Company retirement policy; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate If the employee under any applicable legislation; (f) he/she is absent from work without permission Company approved leave of absence, for more than three (3) consecutive working days. e) If an employee has been laid off due to lack of work, and does not return to work within three (3) working days unless an explanation satisfactory after being contacted personally to report for duty. When the employee cannot be contacted, the Company will notify the employee by registered mail or courier to his last known address, and he will be allowed no more than five (5) working days from the registration date of such notification, or from the date upon which a courier delivered the notification to the Company is given by last known address of the employee, to report for duty. A copy of the registered notification, together with the registered mail receipt or the courier receipt will be provided for the plant chairperson at the time of mailing or delivery to the courier; (gf) if If an employee overstays a vacation or Company approved leave of absence without securing the receiving an extension in writing of such leave of absence or vacation from the Sales Manager or Human Resources Manager absence, unless an explanation satisfactory he has valid reason acceptable to the Company is given by the employeeCompany; (g) If he accepts gainful employment while on a leave of absence without first obtaining the consent, in writing, of the Company; h) Subject to the provisions of WSIB if an employee who is recalled to absent from work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail for any reason for a continuous period equal to the last address lesser of, the length of his seniority at the time of the employee that the Company has in its files for that employeecommencement of such absence, or one (1) year; (i) If an employee utilizes a is absent because of non-occupational sickness or injury he will continue to have seniority rights equal to his seniority from the beginning of such leave up to maximum of absence for purposes other than those for which it was granted;one (1) year. (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. 10.04 It will shall be the responsibility of employees the employee to provide written notification notify the Company in writing promptly of any changes change in their address and phone number. If an employee fails to do so, the Company will not be responsible for failure of any contact or notice to reach such employee. 10.05 Employees who are or have been appointed or selected for a supervisory position, or for any position not subject to the Human Resources Departmentprovisions of this Agreement, will not be covered by the provision of this Agreement. An employee who transfers to a job outside the bargaining unit will lose all rights to return to the bargaining unit. 10.06 The Company will post a plant seniority list on the main bulletin board. This list will be revised every six (6) months. At the time the plant list is revised a copy of the list will be given to the plant chairperson.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The 5.1 For the purpose of seniority, Para Transpo employees covered by this Collective Agreement shall form one (1) seniority of an employee shall be defined as length of uninterrupted service since the last date of hire with the Companygroup. Seniority shall only will be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any established as of the following reasonsApril 2, 2002 seniority list. (a) he/she quits his/her employment;A newly hired employee shall be on probation for six months. The Company may terminate the employment of a probationary employee, at its discretion, provided that in so doing the Company does not act in bad faith or in a manner that is arbitrary or discriminatory. It is acknowledged that in a case of termination of a probationary employee, the sole question that may form the subject of a grievance is whether the decision to release the employee was made in a manner that was arbitrary, discriminatory or in bad faith, and the burden of proof with respect to such a claim rests with the Union. Upon prior notice from the Company to a probationary employee, that employee’s probationary period may be extended in total to one hundred and twenty (120) days of work. (b) he/she retires;The Company will as part of the newly hired employee’s orientation, introduce the employee to the Union Representative and schedule the employee during working hours, up to one (1) hour with pay, with the Union for necessary union business and orientation with the Union. The Union shall cooperate with the Company in scheduling employees at a time or times convenient to the Company and the Union to minimize, to the extent possible, time away from work for both the employees and the Union Representative involved. 5.3 An employee shall lose their seniority and be deemed to have quit the employ of the Company in the following circumstances: (ca) if he/she is discharged for just cause and is not reinstated; (b) if he/she quits and/or resigns voluntarily; (c) if, following lay-off, he/she fails to return to work within three (3) working days after receiving notice by registered mail to do so, unless just cause exists; (d) if he/she accepts other employment that prevents him/her from performing his/her scheduled driving duties or affects the level of performance of the employee’s duties or results in any non-compliance with statutory or Company requirements; (e) if, he/she is absent from work for a period of three (3) consecutive scheduled work days without notifying the Company and without reasons satisfactory to the Company; considered for re-employment. The Company in the case of hiring, shall give first consideration to a request on file, however such consideration shall not exceed a period of eighteen (18) months following the date of lay off. It shall be the employee’s responsibility to ensure an up-to-date address and telephone number is on file with the Company; (g) he/she does not perform fails to return to work upon expiration of a leave of absence or vacation, or utilizes a leave of absence for a purpose other than for which it was granted. All leaves of absence requests shall be in writing to the Company, setting out the reason for the request. (h) Customer or public concerns - If the Company, having received and investigated a written concern from the customer and the Company is satisfied that the continued use of a driver is not in the best interest of the passengers, the Company may place the employee in other work. The Company and the Union may, in writing, agree upon any other resolution. An employee with seniority may file a grievance with respect to the factual findings relating to the incident and the employee involvement. The matter, if not resolved through the grievance procedure may proceed to arbitration as set out in Article 14. 5.4 The seniority lists shall be posted on the Company notice boards in March and October, of each year. The master seniority list shall show the date upon which each employee's service commenced. A copy of the master seniority list shall be furnished to the Executive Board Member. The seniority lists shall be amended to include new and terminated employees each year. 5.5 A seniority status that has remained unchanged for twelve (12) consecutive months from the posting shall be considered as correct. Any protests with regard to an employee's seniority standing must be submitted in writing within sixty (60) calendar days from the date seniority lists are posted. An employee or his representative must present proof of error, should the error be corrected, the corrected seniority date agreed upon shall be final. No changes shall be made in existing seniority status of an employee unless agreed to in writing between the Para Transpo Branch Manager and the Executive Board Member. 5.6 An employee transferred or promoted to a position outside the bargaining unit, shall retain and continue to accumulate his seniority for a period of twelve (12) months in the case from first day of lay-off; (e) transfer provided he/she does not perform work continues to pay his/her Union dues. An employee remaining outside the bargaining unit longer than twelve (12) months shall relinquish all accumulated seniority and shall be removed from the seniority list. Such employee shall have the right to return to a position in the bargaining unit consistent with his seniority within the twelve (12) month period providing there is a vacancy. It is clearly understood that such employee shall have no bumping rights. The employee shall have no right to return to the bargaining unit if the employee was terminated for the Company just cause or was transferred for a period of twenty-four longer than twelve (2412) months months. 5.7 The Company will be responsible for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory issuing to the Company is given by employees the employee; Collective Agreement within sixty (g60) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to returnsigning. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It This will be at the responsibility of employees to provide written notification of any changes in their address to the Human Resources DepartmentCompany's cost.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The 8.01 In all cases of layoff and recalls after layoff, seniority shall govern provided that the senior employee has the skill, ability and reliability to perform the work assigned. 8.02 In the event of a layoff or in the event that a highway driver has not been called in to work for three (3) consecutive days, a senior employee may transfer to another job provided that in the judgement of the Company, which judgement shall not be exercised in an arbitrary or unfairly discriminatory manner, he has the necessary skills and ability to justify the transfer. 8.03 An employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time lose his seniority standing and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee his name shall be lost and his/her employment automatically terminated removed from the seniority list for any of the following reasons.: (a) he/she if he voluntarily quits his/her his employment; (b) he/she retiresif he is discharged and not reinstated pursuant to the grievance procedure as provided in this agreement; (c) he/she if, while on a layoff, he is discharged for just cause notified by registered mail, addressed to his last known address in the books of the Company, to return to work and fails to notify the Company within three (3) working days after the receipt of such notice that he is not reinstatedintending to return to work, and unless he returns to work within seven (7) working days after the receipt of such notice; (d) he/she does not perform work for the Company if, while on a layoff for a period of over one (1) month, he is notified by registered mail, addressed to his last known address in the books of the Company, to return to work and fails to notify the Company within three (3) working days after the receipt of such notice that he is intending to return to work and unless he returns to work within two (2) weeks after the receipt of such notice; (e) if he over-stays a leave of absence granted by the Company without first securing an extension in writing; (f) if he accepts employment other than any employment that may be agreed upon by the Company and the Union while on a leave of absence; (g) if he is off the payroll for a continuous period of nine (9) months; (h) if he is off sick for three (3) days or more, without first notifying the Company of such sickness, a doctor's certificate must be produced before reporting back to work. 8.04 Seniority lists shall be revised every three (3) months, a copy of the list shall be posted in the terminal and a copy given to the Union xxxxxxx. 8.05 In the event that an employee covered by this agreement should be promoted to a supervisory or confidential position beyond the scope of this agreement and then returns to a position within the bargaining unit within twelve (12) months, he shall retain the seniority previously acquired and shall have added thereto the seniority accumulated while serving in such supervisory or confidential capacity, to a maximum of twelve (12) months months. 8.06 Notwithstanding anything contained in the case of lay-off; (e) he/she does this agreement, probationary employees and employees who are not perform work regularly employed for the Company for a period of more than twenty-four (24) months hours per week, shall have no rights under this agreement. 8.07 Seniority as referred to in this agreement shall mean length of continuous service in the employ of the Company. An employee will be considered on probation for any other reason other than lay-offthe first sixty (60) working days of service his seniority shall date back to the day on which his employment began. The dismissal, provided that layoff or failure to recall after layoff of a probationary employee shall not be the Company has met its obligations to accommodate subject of a grievance. 8.08 Seniority shall accumulate on the employee under any applicable legislation;following circumstances only: (fa) he/she is absent from work without permission when off the payroll due to layoff, sickness or accident in which case seniority shall continue to accumulate for more than three (3) consecutive working days unless an explanation satisfactory a period of time equal to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.six

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The 11.01 Except as may be modified by express provisions of this collective agreement, seniority of an employee shall be defined as length of uninterrupted service employment since the employee’s last hire date. Where two or more employees share the same hire date, the employee whose first interview was conducted earliest shall be the senior. At the commencement of the first agreement between the parties, non-probationary employees shall have seniority defined as their length of employment with the Company since their most recent date of hire with hire. 11.02 Within thirty (30) calendar days of the Company. Seniority ratification of this Agreement, and in January and July of each year of this Agreement, the Company shall only post the seniority list. 11.03 New employees will be credited upon considered as probationary employees for the completion of a probationary period of first ninety (90) calendar days of active employment. Excused absences from work may be accounted for full- by extending the probation for a period of time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only equal to the extent expressly provided in this agreementabsences. 14.02 The seniority of an 11.04 An employee shall lose his seniority and shall be lost and his/her deemed to have quit his employment automatically terminated for any of the following reasons.if he: (a) he/she quits his/her employmentor retires; (b) he/she retiresis discharged and the discharge is not reversed through the grievance procedure; (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is been absent from work without permission for more than three (3) consecutive working days without notifying the Company or providing a reasonable explanation for this absence, unless an explanation satisfactory the failure to notify the Company is given by due to circumstances beyond the employee's reasonable control; (gd) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after on the next scheduled shift upon termination of an authorized leave of absence, unless the failure to return is due to circumstances beyond the employee's reasonable control; (e) fails to report for work within five (5) working days when recalled by the Company has been notified by during a doctor lay- off, or Workplace Safety and Insurance Board fails to inform the Company within five (5) working days of recall that he will report for work, unless this failure is due to circumstances beyond the employee is able employee's reasonable control. Notice to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will work shall be the responsibility of employees to provide written notification of any changes in their address writing and shall be sufficient if sent by registered mail or courier to the Human Resources Departmentemployee's last known address on file with the Company; or (f) is laid off for a period in excess of twenty four (24) months.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. 14.01 1. Seniority shall be defined as the length of continuous employment with the Company from the last date of hiring. The company shall maintain a seniority list for the Plant and the list shall be supplied to the Shop Chairman on request. 2. For six months after being hired, new employees shall be regarded as probationers and shall have no seniority. After six months’ service they shall become regular employees and shall receive credit for seniority from the date of their employment. Benefits, as outlined in Article 15 will commence on the first of the month after the employee has been employed for three (3) months. 3. In case it becomes necessary to reduce the working force, the order of lay-off shall be: 4. Senior employees who may be expected to qualify reasonably quickly for the required work, will be given an opportunity to do so. 5. The seniority of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time considered broken, all rights forfeited and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee there shall be lost and his/her employment automatically terminated for any of the following reasons.no obligation to rehire when he: (a) he/she quits his/her employment;Voluntarily leaves the service of the Company, or is dismissed for cause. (An employee who is absent for two full consecutive working days without good and proper reason, or without first securing permission from the Company, may be considered to have left the Company’s service of his own accord.) (b) he/she retires;Fails to return to work when recalled or cannot be located after reasonable effort on the part of the Company. The present method contact or a telegram or a notice mailed to the employee at the last known address of the employee, shall constitute a reasonable effort on the part of the Company and report for duty, or to advise the Company of the date when he will so report, the Company shall be entitled to assume that the said employee has voluntarily left the Company’s employ. In urgent cases, however, where it is necessary to secure workers at notice of less than 48 hours, the Company, if unable to make contact with the senior eligible employee may recall the next senior employee and so on down the list, until the vacancy is filled. Employees rehired under such circumstances shall retain the position to which they are appointed, but provided the employees with whom the Company was unable to communicate in time, later within 96 hours advise the Company of their desire to return and shall be eligible for recall on the next occasion of a vacancy in a position for which they possess the required ability. (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory Has been out to the Company is given by the employee; (g) if an employee overstays a vacation or leave Company’s employ in excess of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.allowable breaks defined below:

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The 9.01 An employee’s seniority of an employee shall be defined as length that period of uninterrupted service since continuous employment, in their classification in their location in the bargaining unit from the last date of hire with the Company. Seniority shall only . 9.02 An employee will be credited upon considered on probation and will not be subject to the seniority related provisions of this Agreement and not be placed on the seniority list until after the completion of forty-five (45) worked days in a six month period. Should an employee be absent from work during the probationary period, the probationary period will be extended by the number of ninety working days the employee was absent from work. 9.03 The seniority list will be compiled and posted on the bulleting board semi-annually in the months of March and September of each year. A copy of the seniority list will be forwarded to the Union office in London. Seniority as compiled and posted shall be deemed final and not subject to complaint unless such complaint is made within seven (907) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to from the extent expressly provided in this agreementcurrent date of posting. 14.02 The seniority of an 9.04 An employee shall lose all seniority and shall be lost and his/her deemed to have terminated employment automatically terminated for any of with the following reasons.Company: (a) he/she quits his/her employment; (b) he/she retires; (c) he/she is discharged for just cause and is not reinstated; (d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employeeresigns; (hb) if an employee who is recalled discharged and is not reinstated pursuant to work the grievance and arbitration procedure as provided in this contract; c) if an employee has been laid off and fails to return reply to a recall notice, within ten five (105) calendar days of its mailing of notification to return. Such mailing shall be by registered mail to the employee’s last known address and/or failing to return to work within five (5) days of receiving such notice. It shall be the employee that employee’s responsibility to keep the Company has informed of any change in its files for that the employee’s address; (id) If if an employee 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 purposes a purpose other than those that for which it was grantedgranted unless excused by the Employer in writing; e) if an employee is absent from scheduled work for a period of three (j3) he/she fails to return to work immediately after or more consecutive working days without notifying the Company of such absence and providing a reason satisfactory to the Company, and failure to notify was not due to circumstances within the employee’s control; f) if an employee has been notified by a doctor laid off for the lesser of his length of service or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.eighteen

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 The seniority 8.01 Seniority provisions shall apply to all employees covered by this Agreement. 8.02 Seniority of an each employee covered by this Agreement shall be established after a probation period of 30 days worked and shall count from the date of hiring. In the event a probationary employee is terminated, and in the event he is rehired within a period of one year from the date of such termination, his previous probationary service shall be credited to him. 8.03 An employee shall be defined maintain and accumulate seniority under the following conditions as applicable: (a) During an absence due to lay-off equal to length of uninterrupted service since at time of lay-off, not to exceed a maximum of 36 months. (b) During absence due to an employees' illness not to exceed twenty-four continuous months in the last date case of hire employees with twelve months or more seniority at the Companytime of commencement of such illness. Seniority shall only be credited upon The Company reserves the completion right to require proof of illness. (c) During absence due to an employee's illness not to exceed a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only equal to the extent expressly provided employee's seniority at the commencement of such illness, in this agreementthe case of employees with less than twelve months seniority. The Company reserves the right to require proof of illness. 14.02 The seniority (d) During leave of an absence granted by the Company in writing. 8.04 An employee shall lose his seniority, his employment shall be lost terminated, and his/her employment automatically terminated his name shall be removed from all seniority lists for any of the following reasons.: (a) he/she quits his/her employment;If the employee voluntarily quits. (b) he/she retires;If the employee is discharged for cause and is not reinstated in accordance with the provisions of this Agreement. (c) he/she If the employee is discharged for just cause laid-off and is not reinstated; (d) he/she does not perform work for fails to notify the Company for a period of twelve (12) months in the case of lay-off; (e) he/she does not perform his intention to return to work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that within five working days after the Company has met its obligations notified him to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given do so by the employee; (g) if an employee overstays a vacation telegram or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee; (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the his last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she known address, or having done so, if he fails to return to work immediately after within six working days from the Company date of mailing of such letter or sending of such telegram. (d) If the employee has been notified by on lay-off for a doctor or Workplace Safety and Insurance Board that period equal to length of service at time of lay-off, not to exceed a maximum of 36 months. (e) Due to absence through illness of an employee with less than twelve months seniority for a period equal to the employee's seniority at the time of commencement of illness. (f) Due to absence through illness of an employee with more than twelve months seniority for a period equal to the employee's seniority at the time of commencement of illness plus the amount of accumulated seniority to which the employee is able eligible under Section 8.03. (g) If an employee has been absent without leave for three consecutive working days unless a satisfactory reason is provided. 8.05 The Company shall supply the Union from time to time and as available, with a list of employees in order of seniority as of the date of the list. Such list shall be revised not less frequently than every four months. The seniority of an individual may be had on application by the employee or the Union to the Company. 8.06 An employee who has been transferred to a job outside the bargaining unit, but with the Company, may be returned to the bargaining unit with his seniority at the time he left the bargaining unit, providing his return to his/her job provided that the Company has met its obligations bargaining unit is within two calendar years from the date he left the bargaining unit. 8.07 Senior employees with more than one year's seniority shall be entitled to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.preference for

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 14.01 5.01 Seniority as referred to in this Agreement shall mean length of continuous service since his most recent date of employment in the employ of the Company and shall be on a Company-wide basis. 5.02 An employee will be considered on probation for the first three (3) months and will have no seniority rights during that period. After three (3) months' service, his seniority shall date back to the day on which his employment began. The seniority dismissal, layoff or failure to recall after layoff of a probationary employee shall be for just cause. 5.03 Layoffs (except layoffs of less than five (5) working days due to emergency), recalls after such layoffs, promotions and demotions shall be based upon the following factors: a) seniority; b) skill and ability to perform the normal requirements of the job. 5.04 Seniority shall terminate and an employee shall cease to be defined as length of uninterrupted service since employed by the last date of hire Company when he: a) voluntarily quits his employment with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement. 14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons. (a) he/she quits his/her employment; (b) he/she retires; (c) he/she is discharged for just cause and is not reinstatedreinstated through the Grievance Procedure or Arbitration Procedure; (dc) he/she does not perform is off work for the Company for a continuous period of twelve (12) months in the case of lay-off; for employees with less than three (e3) he/she does not perform work for the Company for a period of yearsí seniority and twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation; (f) he/she is absent from work without permission for more than employees with three (3) consecutive working or more years of seniority; d) fails to report for work within three (3) days unless after being notified by registered mail of recall or within seven (7) days if an explanation satisfactory employee is employed elsewhere, or has a reason acceptable to the Company is given by the employee; (g) if an employee overstays a vacation or leave of absence without securing for the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employeeabove time limits; (he) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes a leave of absence for purposes other than those for which it was granted; (j) he/she fails to return to work immediately after upon the termination of an authorized leave of absence, unless a reason acceptable to the Company has been notified is given; f) is absent from work for two (2) consecutive days without notifying the Company. 5.05 In the event that an employee in a supervisory or confidential position beyond the scope of this Agreement is placed in a position within the scope of this Agreement, he shall retain all his Company seniority. 5.06 It shall be the duty of each employee to notify the Company promptly of any change in address. Notice required to be given by a doctor or Workplace Safety and Insurance Board that the Company shall be deemed to be given if forwarded to the employee is able to return to his/her job provided that at the last address of which the Company has met its obligations to accommodate had notice. 5.07 In the employee under any applicable legislation. It will event of a layoff exceeding five (5) days or more, employees shall be the responsibility given one (1) week's notice in advance or one (1) normal week's pay in lieu of employees to provide written notification notice at his appropriate rate of any changes in their address to the Human Resources Departmentpay.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. 14.01 The seniority 6.01 Seniority is defined as the length of service in the bargaining unit and shall include service with the Company in a bargaining unit position prior to the recognition of the Union and during the period as an agency employee at the facility. Each employee shall be defined given a seniority date which shall be the same as length of uninterrupted service since the last employee’s date of hire with the Company. Seniority . 6.02 To be eligible to be hired as a permanent employee of the Company, such employee must have worked for nine (9) months as an employee of the temporary agency at the facility. 6.03 The Company will prepare and maintain seniority lists, revise and post them on the Company bulletin boards in January and July of each year, and a copy of such lists shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only forwarded to the extent expressly provided in this agreementUnion Office. 14.02 The 6.04 Employees shall continue to accumulate seniority during the following approved leaves: vacations, leaves of absence, company initiated layoffs and maternity/ parental leave, compensable injury, and sick leave and union leave of absences. 6.05 Seniority, once established for an employee employee, shall be lost forfeited and his/her the employee’s employment automatically shall be deemed to be terminated for any of under the following reasons.conditions: (a) if he/she quits his/her employmentvoluntarily quits; (b) if he/she retires; (c) if he/she is discharged for just any cause and is not reinstatedreinstated through the grievance procedure; (d) if he/she does not perform work fails to report after a leave of absence without notifying the Company during the absence providing a valid reason for the Company for a period of twelve (12) months in the case of lay-offabsence; (e) if he/she does not perform fails to report to work for the Company for within five (5) working days after he/she has been sent a period notice of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations recall by registered letter to accommodate the employee under any applicable legislationhis/her last known address; (f) if he/she is laid off for a period of 12 months, or the length of his seniority, whichever is lesser; (g) if he/she is absent from work without permission for more than three (3) or more scheduled consecutive working days unless an explanation satisfactory to days, without notifying the Company is given by during the employee; (g) if an employee overstays absence providing a vacation or leave of absence without securing valid reason for the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;absence; and (h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee; (i) If an employee utilizes he/she uses a leave of absence for purposes other than those a purpose different from the purpose for which it was granted; (j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.

Appears in 1 contract

Samples: Collective Agreement

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