Common use of SENIORITY Clause in Contracts

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

AutoNDA by SimpleDocs

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B Section 1. The Company shall maintain a seniority list for all bargaining unit employees. The Company shall also maintain a local list for each facility covered hereunder. A copy of the Collective Agreement, in whole or in part, seniority list shall be provided to the terms and conditions as set out in Appendix B will supersede sameUnion upon request. 12.01 The Company recognizes the principle of senioritySection 2. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty by Craft (30meaning the period of time the employee was covered by this labor agreement) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective accrue from the date of employmententering the Craft. The classifications to be recognized for seniority purposes shall be those listed in Article 6 of this Agreement. Section 3. Employees with ninety (a90) Seniority will calendar days or less of employment shall be applied regarded as probationary and there shall be no responsibility on a the part of the Company wide basis to reemploy them in recalls, promotions, transfers from camp to camp the event they are discharged or laid off during this period. Probationary employees may be terminated “at will” and layoffs. When layoffs are required due without recourse to the completion grievance procedure. This period may be extended by the Company for an additional period of seasonal operations, or forty-five (45) days by giving notice to the Union and the employee within the original probationary period together with a part thereof, each of non-arbitrary reason for the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04extension. If retained past the probationary period, the employee advises names of such employees shall be placed on the Company, prior to seniority list in the effective order of their date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid offhire. The Company will provide the Union Union’s Grievance Committee, prior Committee of the names of new hires within ten (10) days after their first day of employment. Section 4. Seniority lists by Craft/Class shall be furnished to the intended layoffLocal Grievance Committee and the District 141 Assistant General Chair and shall be posted in each facility January 1st of each year and shall be revised each six (6) months thereafter. Such lists shall be subject to correction upon protest for a period of thirty (30) days; if no complaint is made within thirty (30) days after posting, the list as published will be assumed to be correct and no changes will be made except under extraordinary circumstances. In preparing seniority lists when it is impossible to determine the proper order by date of entering the Craft/Class or by length of service with a list the Company, then the names shall be listed in numerical order using the last four digits of jobs filled by employees the social security number with less seniority than those employees given noticethe lower number being senior. Section 5. It is understood Seniority, employees’ rights and agreed that when layoffs are occasioned all benefits under this contract and employment status shall terminate and be lost by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts employee for more than one the following reasons: (1a) week, otherwise If the district will be the unit of application of seniority on seasonal layoffs.employee voluntarily quits; (b) The Company, when filling vacancies, will do so from within If the bargaining unit employee is properly discharged in accordance with Article XII. Notice of impending vacancies will be posted to this agreement; (c) If the employee fails on the camp bulletin board recall from layoff to report for at least five work within three (53) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards following notification by the Company to report to work by any verifiable means; (d) Continuous layoff for a period of five eighteen (518) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (months or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherless; (e) If an employee accepts other employment while absent on disability, workers' compensation or other leave of absence; (f) Incapacitation from working because of illness or injury up to the employee’s length of service or eighteen (18) months, subject to applicable law. (a) Section 6. An employee who has accrued on injury, leave, or layoff, will continue to retain and accrue Craft seniority and is then employed by during the Union shall retain such accrued seniority for a period not exceeding one first eighteen (118) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave months of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 4 contracts

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

SENIORITY. It is understood (a) In cases where performance, ability, and agreed that where article XII is qualifications are approximately equal, seniority shall be the deciding factor when decisions are made with regard to filling a posted position. The Director/Manager responsible for the posted position shall meet with all internal applicants in conflict with Appendix B person or by telephone prior to a decision being made. (b) Seniority shall not be considered in the assignment of work to casual hourly- rated nurses, or to full-time or part-time employees who ask to be considered for casual or temporary assignments, such as a leave replacement. (c) In the Collective Agreement, in whole or in partevent of a proposed layoff of any employee, the terms and conditions as set out in Appendix B Employer will supersede same 12.01 The Company recognizes give the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked Union thirty (30) days within a six-month periodcalendar days’ notice. Seniority At the meeting where notice to the Union is given, the Employer will provide the reasons causing the layoff, the expected duration of new the layoff, and the names of the employees affected by the layoff. The notice of layoff to the employee shall be established at in accordance with the end Employment Standards Act. A copy of this period the notice to the affected employees will be sent to the President of the Bargaining Unit and to the Labour Relations Officer. Layoffs shall be effective from made on the date basis of employmentthe seniority list provided that nurses who are entitled to remain on the basis of seniority are qualified to do the work which is available. Nurses will be recalled in the reverse order to which they were laid off, provided, however, they are qualified to do the work in the job openings then available. 5.2 In the event that the Employer shall merge, amalgamate or combine any of its operations or functions with another Public Body, the Employer will use its best efforts to ensure retention of all seniority rights of its employees with the successor employer. (a) Seniority will be applied on a Company wide basis in recallsFor all provisions of this Agreement, promotions, transfers seniority shall commence and accumulate from camp to camp and layoffs. When layoffs are required due to the completion nurse’s last date of seasonal operationshire by the Employer, or a part thereofthe former employers, each Middlesex County Health Unit or London Department of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsHealth. (b) A seniority list showing each nurse’s name and professional category shall be posted by February l of each year. At the time of posting, a copy shall also be forwarded to the Bargaining Unit President or his/her designate. The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XIIseniority list may include probationary employees for information purposes only. Notice of impending vacancies Seniority for full-time nurses will be posted on the camp bulletin board from date of hire and seniority for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs part-time nurses and casual hourly-rated nurses will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants appear on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicanthours paid. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, nurse’s full seniority and service shall be classified as a temporary vacancy and shall be filled according to retained by the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In nurse in the event that a vacancy the nurse is not filled transferred from within full-time to part-time or casual hourly-rated and the camp unit it nurse shall receive credit for his/her full seniority and service on the basis of fifteen hundred (1500) hours service. A nurse whose status is changed from casual hourly-rated to part-time or full-time, or part-time to full- time, as may be the case, shall receive credit for his/her full seniority and service on the basis of one (1) year of seniority or service for each fifteen hundred (1500) hours paid. Any time worked in excess of an equivalent shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known pro rated at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingtransfer. (ad) An employee's A newly employed nurse shall be considered a probationary nurse until the nurse has completed four hundred fifty-five (455) hours of work, after which his/her name shall be placed on the seniority list, and his/her seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return date from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-offhis/her employment. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 4 contracts

Samples: Collective Agreement, Memorandum of Agreement, Memorandum of Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of Bus drivers shall be allowed the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle practice of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period1. Seniority of new employees drivers shall be established at recognized starting with the end first date of this period and continuous employment. Seniority shall be effective from the date broken by unapproved absences extending more than three days or by termination of employment. (a) Seniority 2. A seniority list shall be maintained by the Transportation Department office staff. Order of seniority shall be as determined and in existence on February 2, 1970. Thereafter, it will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective determined by date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid offemployment (actual hire). The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for If more than one (1) week, otherwise person is hired on the district same date then seniority date will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards determined by the Company for a period of five (5) working days prior to any appointment to such jobs, stating date that the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the campCDL license was obtained. In the event that a vacancy is not filled from within CDL license was obtained on the camp unit it shall be filled on an area basis. When regular operators are not availablesame date, spare operators alphabetical order of last name will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular jobprevail. 12.04 In case of layoff which is to exceed two (2) working days, 3. Drivers must pass the Company will notify, in writing, the employees intended physical examination to be laid offeligible to bid on runs. If a driver is on sick leave, at least two (2) working days in advanceor Board-approved leave, he/she will be allowed to bid on a run with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions letter from his or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When her personal physician, stating the approximate time of recall is known at the time of layoff, employees leaving camp his or her return to duty. Said run will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of ninety (90) calendar days from the opening of school. If the driver cannot return in that time, the run will be posted. The driver will not lose his or her seniority standing, but will have to bid on any available run on his or her return to work. The driver is entitled to request extension of the 90 days in extenuating circumstances. Such cases will be reviewed by the Human Resources office. 4. Runs will be posted within a designated location in the Transportation Department. A date and time will be set by the Director of Transportation for such posting at which time bids will be accepted as follows: Each bus driver notified of rehire during the summer shall have one route bid prior to the start of the school year, providing they have the seniority and availability. If a bus driver misses such date of bid, his or her seniority shall apply only to remaining open runs. Bus drivers should notify the Transportation Offices in advance, whenever possible, of their availability and desire for bidding, to assist the administration and other drivers in maintaining efficient operations. The assigned route bid will be maintained as the bus driver’s work schedule unless circumstances change. A change in circumstances, as related to modification of a route, is defined as what is in the best interest and in accordance with the needs of the district. Modification cannot result in a loss of hours to the driver who bid on the modified route. Modification cannot be made to the route due to the change of personal circumstances of the driver. 5. A driver may bid on any number of route openings as long as the driver benefits financially. A driver may have any number of route bids for any reason, subject to the approval of the Director of Transportation. 6. Drivers that have signed up for after school activities shall receive the same number of guaranteed cover sheet hours that the regular driver receives for the same activity run. 7. New routes, or newly opened routes due to a driver moving from one route to another, will be posted for three (3) months or moredays before filling permanently. It The date and time that the route is understood this does posted shall be written on the route cover sheet in plain view of all drivers. In emergencies each new route will be filled temporarily subject to seniority bid. 8. Drivers on extended sick leave, as defined in Article 19, are not apply eligible to seasonal lay- offsbid on posted runs after the original route bid date at the beginning of the school year.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Bus Driver Agreement, Collective Bargaining Agreement

SENIORITY. It is understood and agreed 24.01 The parties recognize that where article XII is job security should increase in conflict with Appendix B proportion to the Employee's length of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offservice. 12.02 Employment of any new employee 24.02 An Employee's seniority shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority expressed in terms of new employees shall be established at the end of this period hours, and shall be effective equivalent to the number of paid hours of employment since the Employee's last date of hire plus all hours that the Employee would have worked but for having been absent on Workers' Compensation. Paid hours of employment shall be defined to include all hours in this bargaining unit or all hours worked with the Division in a non-unionized position, and all such hours during which the Employee is on a paid leave of absence, sick leave, vacation with pay, or in receipt of partial sick leave payments to supplement wage loss replacement benefits or MPI benefits pursuant to Articles 15.05(c) or 15.10. 24.03 The Division will maintain seniority lists showing the date on which each Employee commenced service with the Division, along with the Employee's seniority standing calculated in accordance with 24.02 above. There shall be two (2) seniority lists, with one (1) list for all Employees paid on the Clerical, Computer Technician, Library Technician salary schedules, and one (1) for all other Employees. The overall seniority list shall be further subdivided based on the classifications of the Employees included on the list. On or before February 28th of each year, up-to-date seniority lists will be posted in each building operated by the Division where Employees covered by this Agreement work. The seniority lists will be as of the previous December 31st. Concurrently with the posting of the respective seniority lists, copies thereof shall be mailed to the Association. Except where errors have previously been brought to the Division's attention, the Division shall be entitled to rely on the latest seniority list in making any decision based on an Employee's seniority. 24.04 Seniority of an Employee will be established after their probationary period but will be calculated from the first day of service since their last date of employmenthire. 24.05 Seniority will terminate if an Employee: (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsresigns. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall discharged and not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantreinstated. (c) A job that becomes vacant because is laid off for more than eighteen (18) consecutive months. (d) retires under the incumbent has had terms of the Division's Pension Plan. (e) fails to vacate it due return to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a work on the day following the termination of an authorized leave of absence not exceeding thirty (30) work daysunless such failure results from sickness, shall be classified as a temporary vacancy and shall be filled according to accident, bereavement or other grounds considered justifiable by the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular jobDivision. 12.04 In case of layoff which (f) is to exceed absent for more than two (2) consecutive working daysdays without notifying their immediate supervisor unless such failure results from sickness, accident, bereavement or other grounds considered justifiable by the Company will notify, in writing, Division. (g) after the employees intended Employee have been notified of a recall from layoff sent by registered mail to be laid off, at least two their last reported address fails to contact the Division within three (23) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the to work within ten (10) working days or such later date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing as required by the employee before Division in the elapse of twelve (12) full months notice, unless such failure results from sickness, accident, bereavement or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union other grounds considered justifiable by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first considerationDivision. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued lost seniority as a result of the application of this clause shall be notified that their employment is terminated and where such notice is then employed by the Union given, it shall retain such accrued seniority be considered as just cause for a period not exceeding one (1) yeartermination. (b) 24.06 An employee Employee who has accrued seniority and is employed by Local 324 shall be granted Leave in a non-unionized position outside of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain not receive credit for paid hours in a non-unionized position outside of the bargaining unit until such accrued seniority time as they have been the successful applicant for a period not exceeding one (1) yearnewly created or vacant position. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A. A seniority list shall be prepared by the Board and posted monthly in each camp and forwarded verified by the Association. Seniority shall be defined as the length of service to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside District within the bargaining unit beginning with the teacher's first day of work since the most recent date of hire. All teachers shall be ranked on the list in the order of their first day of work, as defined above. 1. When two or more bargaining unit members have the same first day of work since the most recent date of hire, they will be ranked in order of the date of the initial signing of said contract. 2. When two or more bargaining unit members have the same first day of work since the most recent date of hire and the same date of initial contract signing, the individuals so affected will participate in a drawing to determine placement on the seniority list. The Association and the teachers so affected will be notified in writing of the date, place and time of the drawing. The drawing shall be conducted openly and at a time and place that will reasonably allow affected teachers and Association representatives to be in attendance. 3. All seniority is lost when employment is severed by resignation, retirement, or discharge. However, seniority is retained and accumulated if severance of employment is due to layoff. If severance of employment is due to transfer to a non-bargaining unit position in the District, seniority will be retained but not accumulated. 4. Seniority shall continue to accumulate when a bargaining unit member is on a "leave of absence." 5. Any administrator returning to a teaching position within the District shall retain such accrued only his/her seniority for a period previous years taught in the District. Any administrator who was not exceeding one (1) yearpreviously in the bargaining unit and for whatever reason is assigned to the classroom, his/her seniority date shall be established as the date on which he/she began the classroom assignment and his/her placement for seniority purposes shall be based on that date. 12.12 When jobs are discontinued due B. The seniority list, including publication date, seniority, years of service within the District, first day of most recent hire, date of initial signing of said contract, type of certification, area(s) of certification, current assignments and leave status shall be published and provided to each member of the Association and posted in all buildings of the District by May 1st of each school year. Individuals and the Association shall have ten (10) school days to respond with challenges to the introduction seniority list. "Changes" and "updates" of new methods and equipment, or due to curtailment of operations, affected employees the seniority list shall be offered alternate employment in accordance with Section 12.01 to meet published at least the Company's labour requirements(10) days before the date assignments are made for the following school year, but no later than the last day of school. A copy of the changes and if such employees require training to perform the alternate employment effectively, they updates shall be trained by provided to each member of the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or moreAssociation and posted in each school building. 1. It is understood this does not apply the individual employee's responsibility to seasonal lay- offsnotify the Superintendent's Office, in writing, of any changes or anticipated changes in certification, endorsements, and area(s) of certification. Such notice must be given prior to May 1 of each year in order to be used in making assignments from the current seniority list, and appropriate documentation provided as soon as available.

Appears in 4 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B 10.1 In determining an employee’s length of the Collective Agreementservice for seniority purposes, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle computation of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee such service shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective begin from the date of employmenton which the employee began work in the Department except as provided in Article 10.3 below. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for 10.2 If more than one (1) weekemployee commenced employment on the same day, otherwise seniority shall be determined by the district registration number given to the employee at the time he/she commenced employment with the lower number being the more senior. 10.3 Former employees reentering the service of the Department after their continuity of service has been broken for any reason (emergency service in Her Majesty’s Armed Forces and lay off being excepted) shall be considered as new employees, and their length of service for seniority purposes shall commence as of the date they last reentered the service of the Department. In cases of lay off, service for benefits purposes will not accrue, but will be deemed to be continuous with employment before the commencement of that leave. 10.4 Rights seniority within the Academy of Fire and Emergency Services, Fire Prevention Branch, and Public Education Branch relating to such aspects as promotion, will be determined by the employee’s commencement date within the Branch. In the case of broken service with the Branch, the most recent commencement date will be the unit basis for the calculation of application of seniority on seasonal layoffsseniority. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. 10.5 In the event that a vacancy an employee transfers or is not filled promoted from the Operations Branch to the Emergency Mechanical Services Branch or vice versa, seniority will apply as follows: a) Benefits Seniority (relating to such conditions of employment as vacation accrual amount of sick leave and other such employee benefits) will continue to be based upon Departmental seniority. b) Rights Seniority (relating to such aspects as promotion within the camp unit it shall be filled on an area basis. When regular operators are not availableBranch, spare operators will fill all temporary vacancies assignment of work and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any scheduling of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2vacation) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on governed by the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if commences work within the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-offBranch. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B Section 8.1 Seniority of all members of the Collective Agreement, bargaining unit shall be set as provided for in whole Letter of Understanding #1. Employee seniority shall be based on full-time or part-time status in part, descending order. This list shall reflect the terms and conditions as set out total length of continuous service with the Company in Appendix B will supersede same 12.01 The Company recognizes the principle group of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offemployees governed by the present collective agreement. 12.02 Employment of any new employee a) There shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district master seniority list for lay-off and recall purposes. b) There will be a full time list and a part time list for each of the unit of application of seniority on seasonal layoffsthree (3) terminals for all other purposes (six (6) lists). (bc) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company decides to offer full time employment, Section 27.4 will forward to the Union a list of all applicants and identify the successful applicantapply. (cd) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) Part time employees are defined as those who work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more less than twenty-four (24) months if requested hours per week on a regular schedule. Section 8.2 Upon the completion of his/her probationary period, a new employee’s seniority date will be from his/her date of hire with the Company in writing the group of employees governed by the employee before the elapse of twelve (12) full months or lay-offpresent collective agreement. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of Section 8.3 Employees shall be considered probationary employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by during the first 120 calendar days following the date of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed hiring by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The Company shall have the right, in its sole discretion, to lay-off, dismiss, or terminate any such probationary employee based on its evaluation of the employee having regard to factors such as, but not limited to, work performance and general attitude. Employees laid off, dismissed or terminated under this subsection will go back not have the right to grieve the Company’s decision, nor will the Union have this right. Section 8.4 Seniority lists shall be revised in September and in February and copies provided to the position they held prior Local Union’s Business Representative. When an employee voluntarily forfeits his/her full time status and accepts a part time status, he/she will dovetail his/her seniority date of hire on the master seniority part time list and the terminal part time seniority list. It is the responsibility of the employees to update their leave upon returning from said leaveemployee personal information. 12.11 An employee Section 8.5 Employees who is promoted work less than forty (40) hours per week and who request extra hours shall have priority by order of seniority, to work available shifts or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due hours, up to the introduction maximum of new methods and equipmenta non-overtime work week, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet provided the Company's labour requirements, and if such employees require training employee has the qualifications to perform the alternate employment effectively, they shall available work. The Union will be trained by the Company, provided that the jobs they have applied advised prior to be trained for are expected to last for a period of three (3) months offering these shifts or more. It is understood this does not apply to seasonal lay- offshours.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. It is understood 14.1 Seniority for both full- and agreed part-time shall be determined by the date that where article XII is in conflict an employee drives their first scheduled run with Appendix B the Division of Mass Transit. In the event of more than one employee starting their first scheduled run on the same day, Seniority date will be determined by the following criteria: Employee first to hold the required CDL license. (One day will be added to the employees first run date as their new seniority date). 14.2 Any reduction of the Collective Agreement, in whole or in part, work force shall be accomplished on the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle basis of inverse seniority. Seniority will govern subject to reasonable consideration In case of skilla layoff, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new an employee shall be considered as probationary until they have worked thirty given fourteen (3014) days within a six-month period. Seniority calendar days’ notice, except in the case of new employees shall be established at the end emergency or layoff of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It calendar days duration, or as a result of a condition which results in a lack of work over which the EMPLOYER is agreed however, that temporary appointments may be made without posting for filling vacancies of less than not given thirty (30) calendar days durationdays’ notice. Newly created jobs will Full-time employees who may be posted reduced due to cancellation of the number of full-time runs shall be put on the bulletin boards extra board to assure they will retain their full-time status 14.3 If a full-time driver is placed involuntarily in part-time status, the break in service from full-time to part-time will not constitute a break in the employee's continuous employment in the event the employee returns to full-time status. 14.4 Employees shall be recalled from layoff on the inverse order of the layoff. An employee on layoff shall have the opportunity to return to work within one (1) year of the date of layoff before any new employee is hired. Recall notification shall be by certified mail with the Company employee having fourteen (14) calendar days to return to work to retain the employee's seniority rights, unless the employee and the EMPLOYER mutually agree, in writing, to a time extension. 14.5 Bus drivers may select voluntary layoff without loss of seniority during summer months by bidding for a period of five (5) working days prior route that is not in operation over the summer and by not bidding for a Saturday/Sunday run. If the employer can not cover vacancies with active part-time drivers or full-time drivers over the summer months, the employer reserves the right to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants contact drivers on the basis of Section 12.01 of this Agreement. Employees accepting seniority that have bid to be off for the posted jobs shall be allowed five (5) work days summer in which order to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the postingmeet operational requirements. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies twenty-nine and newly created jobs. All postings, internal and external, permanent or temporary will one half (29.5) threshold applies equally to active drivers as well as drivers that have bid to be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created off for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular jobsummer. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 3 contracts

Samples: Labor Agreement, Labor Agreement, Labor Agreement

SENIORITY. It A. Unless otherwise specified herein, seniority shall be determined by the employee’s length of service with the School District. For the purpose of this section, an employee’s length of service with the District shall commence from his or her first day of regular employment. Seniority for non-competitive and labor class employees who may have been hired on the same day and have otherwise had equal service with the District shall be determined by a flip of a coin. B. An up-to-date seniority list showing the name, length of service dates, and assignments of each employee, shall be furnished to the Association every six (6) months. A copy of the list shall be maintained by the Association for inspection by members. C. An employee shall forfeit seniority rights only for the following reasons: 1. He resigns. 2. He is understood dismissed and agreed that where article XII is not reinstated. 3. He retires on regular service retirement. D. The Employer is in conflict accord with Appendix B the principle that seniority should be a major factor in filling work assignments, provided that in the employer’s opinion all other conditions are equal and the employee is fully qualified to perform the duties required. E. Employees within Sections shall draw vacation assignments among themselves, subject to the approval of their immediate supervisor based on the need for efficient operations. Seniority within the Section shall determine preferences. F. In the event it becomes necessary to reduce the staff in any Section of the Collective AgreementDistrict, seniority in whole or in part, the terms that section shall govern layoffs and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted lowest on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared the first laid off, and posted monthly the last to be recalled. Employees in each camp the competitive, non-competitive and forwarded to labor class services laid off for lack of available work or for budgetary reasons shall be the Union office showing the seniority date and posting/first recalled when a position held becomes available in order of each seniority, before any new employee with the Company. 12.09 In transfers from one job classification to another senior employees may be hired. Such right of recall shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change be limited to a lower job classification, the employee shall retain the rate period of their previous job classificationseven (7) years in accordance with Civil Service. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted notified by mail addressed to his/her last known address of an available opening must advise the administration within two weeks whether he/she will accept or transferred to a position decline the position. Upon such recall the employee will be credited with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) yearall prior service. 12.12 When jobs are discontinued due G. An employee whose position is eliminated pursuant to law and the introduction procedures contained herein, shall receive a 30 calendar day notice prior to layoff. H. Subject to applicable Civil Service Law, seniority by job title within sections shall control in determining preference for the purpose of new methods and equipmentassignments or promotions, all other conditions being equal. I. The failure of the Employer to follow the seniority rule, or due to curtailment given an acceptable reason therefore, may be the basis for the filing of operationsa grievance. J. For the purpose of this Article, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements“sections” means transportation, cafeteria, custodial and if such employees require training to perform the alternate employment effectivelymaintenance, they shall be trained by the Companyclerical, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offsmonitors and aides, security monitors and safety officers.

Appears in 3 contracts

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

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee 10.01 A newly employed nurse shall be considered as a probationary nurse until they have worked thirty she has completed four hundred and fifty (30450) days within hours of service. With written consent of the nurse, the probationary period may be extended for a sixfurther two-month periodhundred and twenty-five (225) hours. Seniority of new employees If accepted for permanent employment, her seniority shall be established at the end of this period and shall be effective commence from the date of her employment. A probationary nurse may be discharged for any reason not contrary to law and there shall be no recourse to the grievance procedure. (a) Seniority will 10.02 A seniority list shall be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffsmaintained for all nurses covered by this agreement who have completed their probationary period. When layoffs are required due to A copy shall be filed with the completion of seasonal operations, or a part thereof, each Bargaining Unit President of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualifiedLocal Association, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date April of each year. A copy of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a seniority list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union officeLabour Relation Officer. Once Seniority will be based on hours worked. 10.03 Seniority shall be maintained and accumulated when a nurse is absent from work in the successful applicant has been appointed, the Company will forward to the Union a list following circumstances: (a) on an approved leave of all applicants and identify the successful applicant.absence with pay; (b) on an approved leave of absence without pay for thirty (30) continuous calendar days or less; (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave when in receipt of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating WSIB for any of the reasons set forth above provided however, that the job is still in effect and it is not filled injury sustained while employed by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing.VON Simcoe County; (ad) An employee's seniority shall not be broken by sickness when on pregnancy or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said parental leave. 12.11 An employee who is promoted 10.04 Where a permanent vacancy or transferred to a new position with the Company outside occurs in a classification of the bargaining unit shall retain unit, such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees vacancy shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last posted for a period of three seven (37) months or moreconsecutive calendar days. It is understood this does not apply Nurses may make a written application for the vacancy during the posted period. The name of the successful applicant shall be posted and a copy of the posting shall be provided to seasonal lay- offsthe local Association. The manager shall announce a vacancy by FAX. 10.05 Nurses shall be selected for positions under 10.04 on the basis of skill, ability, experience and qualifications. Where these factors are equal amongst the nurses concerned, seniority shall govern.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. It A. For the purposes of this Agreement, "seniority" is understood and agreed that where article XII defined to mean the amount of time an individual is continuously employed as a certificated teacher with the School District, as defined in conflict with Appendix B Article I. Part-time employees working one-half (1/2) or less of the Collective Agreementfull academic year shall have his/her seniority on a prorate basis. The full academic year will be less than or equal to 1,380 hours. That is, in whole or in parthe/she shall receive one-half (1/2) year seniority for said academic year if he/she has worked at least 690 hours. An employee on an authorized, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle unpaid leave of seniorityabsence shall not accrue additional seniority while on leave, but shall be deemed to be continuously employed. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new An employee shall be considered as probationary lose his/her seniority when he/she resigns, retires, or is discharged. (The prorating of seniority shall not begin until they have worked thirty (30) days within a sixthe 1984-month period. Seniority of new employees 85 school year.) B. All teachers shall be established at ranked on the end list in order of this period and shall be his/her effective from the date of employment. (a) . A Seniority will List shall be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to mutually agreed upon by the completion of seasonal operations, or a part thereof, each representatives of the employees Association and the Board. Within fifteen (15) days after publication of this Master Agreement, the Pinconning Area Education Association will submit a teacher Seniority List; it will then be placed on the teachers' Bulletin Board for fifteen (15) days. If there are no corrections by the teachers, the Seniority List shall stand as posted. In the circumstances of more than one individual having the same effective date of employment, all individuals so affected will participate in a drawing to determine placement on the Seniority List. The Association and teacher(s) so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice notified in accordance with section 12.04, the employee advises the Company, prior to the effective date writing of the advance notice date, place and in writing on forms time of the drawing. The drawing shall be conducted openly and at a time and place that will reasonably allow affected teachers and the Association representative to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsattendance. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 3 contracts

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

SENIORITY. It is understood 10.01 Seniority' shall mean an Employee's length of service, calculated in regular hours worked and agreed that where article XII is in conflict with Appendix B of divided by one thousand eight hundred twenty (1820) from the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniorityAppointment Date (Article 31.03 - Definitions). Seniority will govern subject to reasonable consideration shall be affected as described below in Article 10.02 and 10.03, and Article 20.03 – Leave of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offAbsence without Pay. 12.02 Employment of any new employee shall 10.02 Seniority accrual will be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at affected in the end of this period and shall be effective from the date of employment.following circumstances: (a) Seniority will The seniority of Employees who were in YusApuY Unit 1 positions prior to the ratification of this Agreement, where hours of work were other than full-time, (one thousand eight hundred and twenty (1820) hours per year), shall be applied determined on a Company wide pro-rata basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04the proportion of full-time hours worked, the employee advises the Company, prior to the effective date of the advance notice and except as provided for elsewhere in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given noticethis Agreement. It is understood agreed, however, that such Employees shall accrue seniority for unpaid hours to a maximum of four hundred fifty-five (455) hours per year. If, for reasons other than layoff, an Employee, affected by this article, accepts another position in the bargaining unit, seniority from the date that the Employee starts the new position will henceforth be calculated as outlined in Article 10.01 above, and agreed that when layoffs are occasioned by the completion provisions of seasonal activities, Company-wide seniority this Article will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsno longer apply. (b) The Companyseniority of Employees who were in YusApuY Unit 3 prior to the ratification of this Agreement, when filling vacancies, will do so from within the bargaining unit shall be calculated in accordance with Article XIIthe provisions of Article 10.01. Notice of impending vacancies Seniority will be posted on the camp bulletin board for at least five (5) working days. It is agreed howevercalculated from December 2, that temporary appointments may be made without posting for filling vacancies 1996 or date of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee position in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantbargaining unit. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or An Employee who takes a leave of absence not exceeding thirty (30) work days, without pay to fill a full-time position in YusApuY shall be classified as a temporary vacancy and shall be filled according continue to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of accrue their applicable seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of during such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingleave. (ad) An employee's Temporary Employees may use their accrued seniority shall not be broken by sickness or injury certified by to apply for a licensed physicianposition as provided for in Article 12 - Job Posting, licensed dentist or licensed chiropractorfor a maximum of four (4) calendar months after completion of the temporary assignment. (be) An employee's Employees, while on sick leave, shall continue to accrue their applicable seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherentire sick leave. (af) An employee who has accrued seniority Employees on a combined leave (pregnancy and is then employed by the Union parental) shall retain such accrued accrue their applicable seniority for a period not exceeding one (1) yearthe duration of such leaves. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. It 11.01 Seniority shall be defined as length of continuous service with the Company within the bargaining unit from the most recent date of hire. Seniority for full-time employees shall apply amongst full-time employees and it is understood and agreed that where article XII is all full-time employees shall have seniority over all part- time employees. Part-time employees shall have seniority only over other part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. Temporary employees will only have seniority rights over other temporary employees. Temporary employees who have completed their probationary period will be given first consideration for permanent positions that come available in conflict with Appendix B their current department, before new employees are hired. Seniority shall take effect after an employee has served his/her probationary period as referred to in Articles 10.01, 10.02 and 10.04. Upon completion of the Collective said probationary period an employee's seniority shall date back to his/her original date of employment. Seniority for employees hired the same day will be determined by date of application. 11.02 An employee shall cease to have seniority rights and his/her employment status with the company shall be terminated for all purposes if the employee: (a) is duly discharged by the Company and is not reinstated through the grievance and arbitration procedure contained in the Agreement; (b) voluntarily quits or resigns; (c) has been laid off continuously for a period of fifty-two (52) consecutive weeks; (d) has been laid off temporarily (for less than a period of fifty-two (52) consecutive weeks), in whole or in part, and is called back to work after a layoff and does not return to work within seven (7) calendar days of receiving a registered letter to his/her last known address unless alternative arrangements have been made with the terms Company; (e) is absent from work without an approved leave of absence for more than three (3) consecutive working days and conditions as set out in Appendix B will supersede samewho do not present satisfactory evidence showing they were unable to report for work; 12.01 (f) fails to return to work on the completion of an authorized leave of absence and who do not present satisfactory evidence showing they were unable to report for work. 11.03 The Company recognizes agrees to post on the principle of seniority. Seniority will govern subject to reasonable consideration of skillbulletin board outside the lunchroom, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked within thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to after the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, a list of employees covered by this Agreement as arranged in order of April 1sttheir length of service. Any employee who believes that his/her record of service has been incorrectly stated on such list may request that his/her standing be corrected. In the event the Company contemplates changing the posted list, showing Company seniority datesfor any reason, the Union shall be notified prior to any such change, and given reasons for same. The Company will endeavor agrees to have this make an up-to-date seniority list sent available to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of every three (3) months or morethereafter. 11.04 In cases of layoff and reductions of the work force, the probationary employees will be laid off first. It is understood this does not apply In all other cases of layoff, reduction of the work force and re-employment, seniority shall be the governing factor providing the employee has the immediate ability to seasonal lay- offsdo the normal requirements of the job. In all other cases of filling of new positions and filling of job vacancies, seniority shall be the governing factor providing the employee has the ability to do the normal requirements of the job. The Company will consider the individual qualifications of the employee, length of service in that position and the efficient operation of its plant and business.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 (a) The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay lay-offs and recalls after lay- off. (b) An employee who is employed on a full time basis by the Union shall retain his seniority for a period not exceeding twelve (12) months. It is agreed, however, that the twelve (12) month period shall be extended for a further twelve (12) month period if requested in writing by the employee affected. 12.02 Employment of any new employee shall be considered as probationary until they have he has worked thirty (30) days within a six-month period. Seniority of new employees shall be established at At the end of this period and period, his seniority shall be effective from established, and he shall be placed on the date seniority list in the order of employmenthire. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their his seniority and transfer to a job job, within the same Zone, for which they are he is qualified, provided that, having received advance notice in accordance with section Section 12.04, the employee he advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their his desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled in the Zone by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts Zones for more than one (1) week, and subject to the following procedure: otherwise the district zone will be the unit of application of seniority on seasonal layoffs. An employee wishing to exercise his seniority rights in another zone must make application to the Company's Employment Office within the three (3) consecutive work days immediately following the date of layoff, either in person or by letter postmarked during that period, otherwise he forfeits his right to bump on that occasion. (b) In transfers from one job classification to another, senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which he is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of his previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx- Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (c) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty three (303) calendar days weeks duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further additional training time is required). Failure of an employee to qualify shall entitle them him to return to their his former job without loss of seniority or benefits. In When an employee has been trained to meet the event there are no successful bidders, job requirements he shall remain in that job for a minimum of three months from the junior employee in date he is qualified unless displaced from that job because of lay-off or the transition contractor will be awarded the postingbumping procedure. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (cd) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b12.03(c) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area a Zone basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their his return to work shall once again occupy the job that they he had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their his former job has exercised their his seniority on this particular job. 12.04 In case of layoff lay-off which is to exceed two (2) working days, the Company will notify, in writing, the employees men intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company agrees that all reasonable effort will provide two weeks' be made to give employees as much advance notice of layoff in the case of shutdowns due to market conditions or plant shutdownslay-off as possible. It is understood however that understood, however, this shall not apply in cases of full whole or partial cessation of operations due to weather forest fire danger or due to an act of Godactual forest fire itself. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But , but in all cases any case, notice in writing, will be sent to an employee at their his given address at least fourteen (14) days before they are he is required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 12.06 The Company agrees to submit to the Union Office by January 31st of each year an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority datesAgreement. The list will also show each employee's occupation, address, and Company will endeavor to have this list sent to service in days as specified in Section 6.03, as at December 31st of the Union by the first of May of each year thereafterprior year. 12.08 12.07 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held order of each employee with the Companyemployees. 12.09 In transfers 12.08 An employee’s seniority shall be broken and his name will be removed from one job classification to another senior employees shall receive first considerationthe Seniority list if he: 1. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherQuits voluntarily. (a) An employee who has accrued seniority 2. Is discharged and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) yearreinstated. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave 3. Fails to report for work following recall, as provided in Section 12.05 of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leavethis Article. 12.11 An employee who 4. Fails to return from a leave of absence on the date specified, unless his return to work is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) yearprevented by circumstances beyond his control. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. It is understood (A) The City and agreed the Association agree that where article XII is in conflict with Appendix B a seniority list for each classification, showing the service date and date of the Collective Agreementlast promotion to present classification, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at annually and posted on the end department bulletin board. If no one protests seniority shown on their behalf within forty-two (42) days of this period and such posting, the seniority list shall be effective from stand as conclusive evidence of each person's seniority until the date establishment of employmentthe next annual seniority list, posted in the first week in July. (aB) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness annual leave, sick leave, suspension, maternity leave, military leave, or injury certified by any leave(s) without pay (LWOP) of less than a licensed physician, licensed dentist or licensed chiropractortwenty-eight (28) day duration. (bC) An employee's City seniority shall be broken if identified by the service date and defined as the length of continuous active service with the City of Las Vegas, less any periods of LWOP in excess of thirty (30) days. (D) Classification seniority shall be determined by the date the employee quits, was last promoted to their present classification. Where two (2) or is discharged and not re-instated, if more employees entered the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence classification on the same day, City seniority shall prevail. If City seniority is equal, then the earliest date specified unless they have been prevented from returning stamp on time by circumstances beyond the employee’s control and job application for the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-offclassification shall prevail. 12.07 The Company agrees to submit to (E) Beginning the Union an alphabetical listfirst week of September, all Deputy City Marshals will bid for vacation schedules, regular day off (RDO), shift assignments, Daily assignments for Beat/Sector/Post may be done based on classification seniority, whenever practical, as identified in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority datesParagraph (D) above. The Company All bidding will endeavor to have this list sent to the Union be accomplished by the first Friday of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to October. Transfers will take place the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is highersecond pay period in January. (aF) An employee who has accrued seniority Beginning the first week of September, Municipal Court Marshals assigned to field service will bid for vacation schedules, regular day off (RDO), and is then employed shift assignments, based on classification seniority, as identified in Paragraph (D) above. Marshals assigned to court service will bid for vacation schedules. All bidding will be accomplished by the Union shall retain such accrued seniority for a period not exceeding one (1) yearfirst Friday of October. (bG) An employee who has accrued If a work unit does not want to use seniority and is employed to schedule vacations, RDO, and/or shift assignments, they may petition the Association president to review the situation and, if needed, request a labor/management meeting to resolve the situation. Applications for reassignment may be made by Local 324 shall be granted Leave of Absence from employees to the Companyemployee's supervisor at any time. The employee City will go back make reasonable efforts to accommodate shift assignment requests as much as possible. Vacant positions will be filled by the department and then become subject to the position they held prior to their leave upon returning from said leavebid procedures. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. It is understood Section 15.1 Seniority shall be defined as the length of continuous service measured in years, months, and agreed days that where article XII is an employee has accumulated as an employee in conflict with Appendix B the service of Delhi Township and the Delhi Township Volunteer Fire Department, Inc. Section 15.2 In the event of a layoff, the Fire Chief or his designee will have complete discretion to determine which classifications will be subject to layoff. Within each classification, layoffs will be determined by seniority. For purposes of this Article of the Collective Agreement, in whole or in partthe classifications shall be as follows: Section 15.2.1 In the event of a recall from layoff, the terms and conditions as set out in Appendix B Fire Chief or his designee will supersede same 12.01 The Company recognizes the principle of have complete discretion to determine which classifications will be subject to recall. Within each classification, recalls will be determined by seniority. Seniority will govern subject to reasonable consideration For purposes of skillthis Article of the Agreement, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee the classifications shall be considered as follows: Section 15.3 An employee’s seniority shall commence after the completion of the probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from retroactive to the date first day the employee reports for paid duty. If two employees have the same hire date, then alphabetical order of employmentlast name shall apply. (Section 15.4 An employee’s seniority will not be affected for any employee who left service during the period of September 1, 2004 through November 30, 2004 and returned to service before May 1, 2006. Such employees shall be considered to have maintained their seniority for all previous service with Delhi Township despite the break in service. Section 15.5 An Employee's seniority shall be lost when he: a) Seniority will be applied on Terminates voluntarily. b) Is discharged for cause. c) Exceeds an official leave of absence. d) Is laid off for a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion period of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise year if the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least Employee has less than five (5) working days. It calendar years seniority or is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company laid off for a period of more than two (2) years if the Employee has more than five (5) working days prior calendar years seniority. If a fire fighter is laid off and remains active and keeps up training on a volunteer basis, the Township, after establishing that the Employee has kept up training, will allow seniority to any appointment be continued in effect. e) Fails to such jobs, stating notify the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis Employer of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them his intent to return to their former job without loss of seniority or benefits. In work (recall from layoff) within fifteen days after the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant Employer has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said sent written notice to the Union Grievance CommitteeEmployee. The Company will provide two weeks' notice of layoff in fifteen days excludes weekends and holidays. Notice must be sent by certified mail to the case of shutdowns due most recent address the Employee provided to market conditions or plant shutdownsthe Employer. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate responsibility of the job classification, whichever is higherEmployee to advise the Employer of his current address. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. (i) The Employer shall maintain a seniority list for full-time employees showing the date upon which each employee's service commenced. A current seniority list as of December 31st will be provided by the Employer to the Union on or before March 31st of the following year. (ii) The Employer shall maintain separate seniority lists for Regular Part-time employees showing accumulated hours worked in their regular position. An On-call employee who successfully bids into a regular part-time position will accrue seniority on an hourly basis, for all regular hours worked in their regular part-time position. For the purposes of bidding into a full-time position, an employee will use his/her original date of hire. Seniority accrued while working in a regular part-time position will be credited once the employee has successfully bid into a full-time position. A full-time employee who successfully bids into a regular part-time position will maintain their existing seniority and build upon it for all regular hours worked in their regular part-time position. (iii) It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreementupon an employee‟s termination from employment, in whole or in part, the terms and conditions as set out in Appendix B their name will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective deleted from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given noticelist. It is also understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still criteria used in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or determining an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractoraltered. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave Leaves of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months months, or moreleaves of absence on compassionate grounds, leaves of absence due to disability or leaves of absence granted under Clause 21.24 shall be considered as having not interrupted employment in terms of service seniority. (c) Leaves of absence other than as set down in Clause 12.01(b) shall be considered as an interruption of employment. It is understood this does agreed that such leaves of absence shall not cause a loss of seniority, excepting for that period lost during the actual leave of absence. (d) Employees who leave the bargaining unit for any length of time to fill any management position with the Employer, either permanently or temporarily, and then return to the Bargaining Unit shall retain their seniority excluding that period of service with management. (e) Full-time employees may apply to seasonal lay- offsan On-call position using their original Date of Hire. (i) Such employees will retain any earned seniority, to be credited if that employee successfully returns to Full-time status. (ii) Such employees may bid on other On-call positions, Regular Part-time positions or Full- time positions using their original Date of Hire. Deleted Collective Agreement Language

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. It is understood A. Seniority shall be defined as: 1. Total years of service to the School District in positions recognized and agreed that where article XII is in conflict with Appendix B defined as part of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offbargaining unit. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) 2. All other things, certification, and days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from employed, being equal, then the date of employment. (a) Seniority the initial employment contract with the School District shall prevail. If the date of initial employment is the same, all Teachers so affected will be applied participate in a drawing to determine placement on a Company wide basis in recalls, promotions, transfers from camp to camp the seniority list. The Association and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees Teachers so affected will be permitted notified in writing of the date, place and time of the drawing. The drawing shall be conducted openly and at a time and place that will reasonably allow affected Teachers and Association representatives to exercise their be in attendance. The seniority list shall be posted in each building, with copies furnished to the Association at least ten (10) working days prior to November 20 and transfer February 10. It shall be the responsibility of each Teacher to promptly check the seniority list. If a job for which they are qualifiedTeacher or the Association does not believe that a Teacher's seniority, provided thatcertification, having received advance notice in accordance with section 12.04or endorsement is correctly shown on the list, the employee advises the CompanySuperintendent shall be notified, prior to the effective date in writing, of the advance notice alleged error no later than ten (10) working days after November 20 and in writing on forms February 10, respectively. If no challenges are made within the allowed period, the seniority list shall be deemed to be supplied accurate and the Board shall incur no liability (including back pay) for relying on such list. If the posted list is challenged, the Association will be notified by the Company, Superintendent of their desire to transfer or to be laid offsaid challenges. The Company parties will provide the Union Grievance Committee, prior meet to the intended layoff, with produce a corrected accurate list. The corrected list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of within five (5) working days prior to any appointment to such jobs, stating after the normal job requirementsrespective challenge period. Employees shall not be considered for such jobs, unless they apply When said corrected listing is approved in writing within by the five Association, then the seniority list shall be deemed to be accurate, and the Board shall incur no liability (5including back pay) day periodfor relying on such list. All jobs will Accurate seniority lists shall be filled from among the qualified applicants on the basis frozen until November 20 and February 10, respectively. Updating of Section 12.01 of this Agreement. Employees accepting the posted jobs endorsement shall be allowed five (5) work days in which to qualifyonly during the seniority list challenge period. However, (or for notification purposes only, a further time as Teacher may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In inform the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notifySuperintendent, in writing, of a change in certification (accompanied by proper documentation) at any time. Teachers who are on leave during this time will be notified of their placement on the employees intended seniority list by certified mail sent to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdownstheir last known mailing address. It is understood however that this the responsibility of the Teacher to inform the school of his/her address or any change of address. B. Seniority shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by accumulate during a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from Board approved unpaid leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control absence, except Voluntary Leaves (see provision for Voluntary Leave – Article VII(L)(4)); Military Leaves (see Article VII(L)(6.b.); and the Company has been so notified, Family and if they have been laid off for twelve Medical Leave Act (12FMLA) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-offLeaves. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

SENIORITY. Section 1. The Employer shall use the factors of experience, qualifications, capabilities and seniority in awarding promotions to employees when filling newly created or vacated positions. Where two or more candidates for a position are determined to be equivalent in experience, qualifications and capabilities, then the more senior shall be appointed. It is understood and agreed that where article XII is in conflict with Appendix B the intention of the Collective Agreementparties to this Agreement that preference in promotions shall be granted to persons already employed. Section 2. Lay-offs caused by reduction in force shall be in order of seniority; that is, the employee last hired shall be the first released except when there is no available qualified personnel left to carry out the work in a class, in whole or which case management can retain a qualified person with less seniority. Employees who are scheduled to be released shall be given at least 10 working days’ notice. All recalls to employment shall likewise be in partorder of seniority; that is, the terms last employee released as a result of reduction in force shall be the first rehired when the Employer needs additional employees. The Employer shall notify such employees to return to work and conditions as set out furnish the Federation a copy of such notification; and if the employee fails to notify the Employer in Appendix B will supersede same 12.01 The Company recognizes the principle writing within 5 calendar days of seniority. Seniority will govern subject his/her intention to reasonable consideration of skillreturn to work, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new such employee shall be considered as probationary until they have worked thirty (30) days within a sixhaving forfeited his/her right to re-month periodemployment. Section 3. Seniority of new employees shall be established at the end of this period and shall be effective computed from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises began regular uninterrupted service with the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from Employer within the bargaining unit in accordance with Article XIIunit. Section 4. Notice Employees whose seniority dates are the same shall have their respective seniority rank determined alphabetically by last name, first name, and then middle initial. Section 5. Within 30 calendar days after the date of impending vacancies will be posted on signing this Agreement, the camp bulletin board for Employer shall prepare and furnish to the Federation sufficient copies of a seniority roster of all employees hereunder, so that the Federation may distribute them to its members. A. Such roster shall at least five (5) working days. It is agreed howeverinclude: numerical seniority rank assigned; name of each employee, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs and seniority date. B. Such roster shall be allowed five (5) work days in which revised every six months if necessary. C. Employees may protest their seniority designation through the usual grievance procedure if they have cause to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of believe an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant error has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantmade. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, Section 6. Seniority shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness discharge for cause or injury certified by a licensed physicianvoluntary termination, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quitslay- off which exceeds six calendar months, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-offwithout pay which exceeds six calendar months. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. It A. Seniority shall be defined as length of continuous service with the Brick Township School District. The length of time that an employee is understood a provisional appointee will be computed towards his/her continuous service. B. In the case of layoffs, the Civil Service Commission shall be notified and agreed that where article XII retains jurisdiction. If there is a reduction in conflict with Appendix B force, the New Jersey Department of Personnel shall determine an employees rights to assume another position within the employment of the Collective AgreementBoard. Under a reduction in force within a classification, an employee shall be entitled to exercise his or her seniority right to assume, by bumping, a position within his or her category of employment, or in a category in which the reduction-in-force employee has prior seniority. 1.a. Once each year on or before August 31st bus drivers and bus attendants may pick their school run packages, full time and part time, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle order of seniority. Seniority When transportation personnel pick or accept a bid for a package, they are obligated to perform such work and there are no returns once accepted. The run packages of the Head Bus Drivers will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offbe assigned by the Board. 12.02 Employment 1.b. Once each year on or before June 1st bus drivers and bus attendants may pick their summer school run packages in order of any new employee seniority. When transportation personnel pick or accept a bid for a package, they are obligated to perform such work and there are no returns once accepted. 1.c. When a run package is posted mid-year due to a vacancy, drivers beneath the driver who had the now vacated run package may select it based on seniority. Only employees who are actively working may bid on such work. Actively working shall be considered defined as probationary until they have worked thirty (30) days within a six-month period. Seniority of new those employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied not on a Company wide basis in recallsleave of absence, promotionsor, transfers from camp to camp and layoffs. When layoffs are required due to the completion if on a leave of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04absence, the employee advises will be ready to return and perform the Companyroute within ten (10) school days from when the posting ends. If the selection process outlined herein causes another vacancy, prior then it shall be offered to the effective date of the advance notice and part-time drivers in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreedorder, if further training time is required)such position exists. Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In If no driver selects the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postingsrun package, internal and externalor no part-time driver selects the vacated run package, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit then it shall be filled on an area basisin accordance with the vacancy section of this article. 1.d. When regular operators a new full-time run package is created from a part-time run package or the need for an additional run package occurs, it shall be posted for all to bid in accordance with seniority. Only employees who are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority actively working may bid on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority Actively working shall be broken if the employee quitsdefined as those employees not on a leave of absence, or is discharged and not re-instatedor, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from on a leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classificationabsence, the employee shall retain will be ready to return and perform the rate of their previous job classificationroute within ten (10) school days from when the posting ends. For determining If the rate of pay for pieceworkers transferred to day workselection process outlined herein causes another vacancy, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees it shall be offered alternate employment to the part-time drivers in seniority order, if such position exists. If no driver selects the newly created run package, or no part- time driver selects the vacated run package, then it shall be filled in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period vacancy section of three (3) months or more. It is understood this does not apply to seasonal lay- offsarticle.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their The seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent agreement shall be confined to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly point employed in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year.following departments: Maintenance of Equipment Department Maintenance of Way Department (b) An employee who has accrued Xxxxxxxxx Mechanics and student mechanics shall have separate seniority and is employed by Local 324 rosters. There shall be granted Leave three roster-divisions of Absence from Xxxxxx's Craft, as follows: Xxxxxx Painters Upholsters (c) New Hires establishing seniority on the same date shall be ranked as follows: 1. the one with the most seniority in the Mechanical Department 2. the one with the greater amount of prior service with the Company 3. The employee the one with the earliest birth date 4. the date of their application for the job (d) Seniority will go back begin on the first date of compensated service, subject to the provisions of Appendix X (Student Mechanic Agreement). In establishing seniority for new employees, it is understood that such seniority cannot be established until determination has been made of the rights of employees entitled to consideration under Rules 12 and 13 for a vacancy or new position they held prior to their leave upon returning from said leaveexisting at the time the new employee is hired. 12.11 An employee who (e) Seniority lists will be posted on bulletin boards, which are provided for in this agreement, in January of each year, and will be considered permanently established if not protested during the year in which the roster is promoted or transferred to a position with posted. Seniority dates not protested then become the Company outside the bargaining unit shall retain such accrued fixed seniority for a period each man on the roster and will be carried forward to succeeding rosters. Only changes or additions as may have been made during the preceding year may be protested. Neither the Management nor the Committees will receive any complaints for correction of seniority dates which are not exceeding one (1) yearhandled during the year in which the roster is posted. Copies of the seniority lists will be furnished the Local Chairman and General Chairman at the time of posting on bulletin boards. 12.12 When jobs are discontinued due (f) Active employees voluntarily transferring to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood another craft will forfeit seniority under this does not apply to seasonal lay- offs.Agreement.‌

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency efficiency, and ability, ability in promotionspromotion, transfers, lay offs lay-off and recalls after lay- lay-off. Seniority for the purpose of this agreement shall mean all days worked, and working days which normally would have been worked but were lost as a result of sickness or injury certified by a licensed physician, dentist, or chiropractor, plus total number of days on vacation, holidays with pay, jury duty, bereavement leave and Company approved off-the- job training and to a maximum of thirty (30) days after lay-off, in any calendar year. Overtime work is not to be regarded as accumulative seniority time. It is agreed and understood that an employee’s seniority will be cancelled if there should be conclusive evidence that he would have been capable of performing his regular work while absent for medical reasons or that he worked elsewhere while on authorized leave of absence. An employee who is required by the Union to be absent from work for Union business will be granted leave of absence and will accrue seniority while on such leave of absence provided he returns to work on completion of the scheduled Union business. All employees will be credited with all service time accrued in the employ of the Company and in the employ of any predecessor Companies. Once the initial seniority list is established, employees will continue accruing seniority while in the employ of the Company. It is agreed and understood that the total accumulated days of seniority of each employee on the renewal date for the 1982 Agreement between the Company and the Union will establish the seniority order of each employee on the seniority list as per the provisions of the expired Agreement and that from that date, the order of seniority will remain fixed and can only be altered by the termination of employment of any of the employees on the seniority list. In which case, those listed on the seniority list below the employee who terminates, will climb upwards to fill the vacancy. All new employees to be added in the order of hire. 12.01 (b) Seniority will be set up and maintained on a Department Basis - The Departments shall be as follows: Department 1- Comprised of all employees in the Xxxxx Operation except those in Department II. Department II - Comprised of all employees in the garage and machine shop, and those responsible for maintenance in the camps. An employee may transfer in or out of the garage on a posting, with his accrued seniority, however once he leaves the trade, he cannot return. 12.02 Employment of any new employee shall be considered as probationary until they have he has worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.sixty

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. It 4.1 Seniority means an employee's length of continuous service with his or her Division and shall be computed from the date the employee began service in the Division, except in cases where the employee is understood and agreed that where article XII is in conflict forced to transfer to a different division by the City. In those cases the employee will take his/her seniority with Appendix B of them to the Collective Agreement, in whole or in part, new division. A. To be absent from the terms and conditions as set out in Appendix B job due to a leave without pay exceeding 180 calendar days will supersede same 12.01 The Company recognizes be considered lost time for the principle purpose of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and abilityhowever, in promotions, transfers, lay offs and recalls after lay- offprevious service upon reemployment shall count toward seniority. 12.02 Employment B. To be absent from the job due to involuntary active military leave will not affect seniority. Such time spent in military service will count towards seniority. C. An employee's continuous service for purpose of any new employee seniority shall be broken by voluntary resignation, discharge for justifiable cause, and retirement. D. Absences due to injury in the line of duty shall be considered as probationary until they have time worked thirty (30) days within a six-month period. Seniority for the purposes of new employees shall be established at the end of this period and shall be effective from the date of employmentdetermining seniority. (a) Seniority will be applied on a Company wide basis 4.2 Layoffs, caused by reduction in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so force within an affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work daysDivision, shall be classified as a temporary vacancy determined by job description and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary natureCity-wide seniority. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators Employees, who are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended scheduled to be laid off, at least two (2) working days in advanceshall be given as much advance notice as is practical, with a copy minimum of such said notice forty-five (45) calendar days. Employees scheduled to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp be laid off will be informed of such approximate date at that timeallowed to bump other less senior employees within their same job description. But in all cases notice in writingNo other bumping rights are available to affected employees. Employees, who are laid off, will be sent to an employee at their given address at least fourteen (14) days before offered re-employment in the inverse order of the lay-off when they are required needed again, provided they are still qualified to report perform the duties of the position. All recall rights for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been employees laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than expire twenty-four (24) months from the layoff date. The Employer shall notify such employees to return to work and furnish the Union a copy of such notification; and if requested in writing by the employee before fails to notify the elapse Employer within five (5) calendar days of twelve (12) full months or lay-off. 12.07 The Company agrees his/her intention to submit return to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classificationwork, the employee shall retain be considered as having forfeited his/her right of re-employment. It shall be the rate of their previous job classification. For determining employee's responsibility to maintain a current notification address with the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherEmployer. (a) An employee who has accrued 4.3 The Employer shall post, by division, an updated, accurate seniority and is then employed by list in January of each year. The Employer also agrees to supply copies of those lists to the Union and, in addition, agrees to provide to Union an updated list at any time during the calendar year that Union requests such an update in writing. Employees may protest their seniority designation through the usual grievance procedure if they have cause to believe an error has been made. 4.4 In the Met Transit division, there will be 3 separate seniority lists which shall retain such accrued seniority for a period not exceeding one (be based on the following job classifications: 1) year. (bTransit Operator and On-Call Driver, 2) An employee who has accrued seniority Transit Service Dispatcher and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipmentSenior Office Assistant, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offsTransit Mechanic II, Vehicle Service Technician and Transit Service Worker.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority rights of Operators will be applied on exercised only as provided in this Agreement. The right to pick a Company wide basis in recallsregular posted assignment shall be governed by seniority. Where such assignments have two complete shifts, promotionsthe Operators assigned to such assignments shall alternate shifts a week about. Regular assignments, transfers from camp to camp and layoffsas designated by the Employer, shall be runs which require approximately a standard work week of not less than forty (40) hours. When layoffs are required due to the completion of seasonal operations, or An employee performing a regular assignment shall have their pay reduced by any part thereof, each of the employees so affected assignment not performed by the employee. Any route changes that affect run duration will be permitted deferred until the next formal pick. Operators shall make their choice of assignments according to exercise their seniority seniority. Such assignments are to take effect the first Sunday which starts a pay period in the months of March, June, September and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, December. Operators will select such assignments during the employee advises the Company, third week prior to the effective date of the advance notice and in writing on forms pick. Operators will make their picks by seniority as follows: Tuesday - Operators 1 - 12 Wednesday - Operators 13 - 24 Thursday - Operators 25 - 36 Friday - Operators 37 - 48 Saturday - Operators 49 - 60 Sunday - Operators 61 - end Pick periods will be scheduled at 40 minute time intervals until 4:00 P.M. of the pick day. If an Operator fails to pick an assignment as scheduled, such Operator will be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior assigned to the intended layoffspareboard. If an Operator is off sick or on compensation at the time of the pick, with the Operator shall present proof at the designated pick time, by a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed medical practitioner that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority Operator will be applied only when operations continue able to return to work within 30 days of posting of the pick in other districts for more than one (1) weekorder to exercise the Operator’s pick privileges. If the Operator fails to return to work within 30 days of the Operator’s designated pick time, otherwise upon the district Operator’s return, the Operator will be assigned to the unit spareboard for the duration of application the pick. Regular assigned Operators will be allowed to forfeit without pay, a two and a half (2.5) hour work assignment when that assignment is their only assigned work for that day. Upon picking their run assignment, they will sign a form stating that they do not wish to work the assignment in question for the duration of seniority on seasonal layoffsthe pick. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least Operators scheduled to work greater than five (5) working days. It is agreed however, that temporary appointments may consecutive hours will be made without posting for filling vacancies of less than provided a thirty (30) calendar days durationminute paid lunch period. 9:02 The seniority rank of Operators entering the service will be determined by the hour and date first service is performed for which pay is received under this Agreement, without instruction. Newly created jobs In establishing the first seniority roster it is understood that only the service performed for the Transit Department by the individual Operators will be considered. A current seniority roster will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirementsFebruary 1st each year. Employees shall not Any protest in seniority rosters must be considered for such jobs, unless they apply made in writing within thirty (30) days from time of posting or no further action will be taken. Current seniority rosters and other information relative to seniority or leave of absence will be furnished to the five Union representative. 9:03 Seniority is an exclusive right and under the jurisdiction of Local 1767 of the ATU. All employees shall hold their seniority in accordance with their continuous employment with the Corporation of the City of Sault Ste. Xxxxx Transit Services. Top 3 Spareboard Operators (5not on Sick Leave or WSIB) may choose to start their work week on Monday. Their choice will be in effect for the duration of the pick. If a Relief Inspector occupies one of these positions, it will be passed down to the next senior Spareboard Operator. Relief Inspector's days off will be assigned at the discretion of the Scheduler. When Spareboard Operators are required, the senior operator in point of service will be called for duty, and will be paid a minimum of two (2) hours. The employee will be paid for all time worked, computed on the closest 5 minute basis. Where practical, and where no added costs to the Employer are incurred, rest days will be assigned in consecutive pairs. An Inspector will be allowed to cover emergency work until an Operator reports for duty. When an Operator who is on a regular picked run is called out from home to report for work within the hour, the employee will be paid a 4 hour minimum call out. Such call out hours will not be used in the calculation of overtime under Article 11:00. 9:04 When a spare Operator is called and not available for work, the next in point of service will be called and so on until the vacancy for a spare Operator is filled. Spare Operators who have been called and are not available shall lose their turn. 9:05 The City will select the Operators to be sent on charter trips outside the City limits. 9:06 When forces are reduced, Operators shall be taken off in the reverse order of seniority and will retain all rights and privileges. Operators furloughed on account of reduction in forces will be privileged to work elsewhere and retain their seniority. They must maintain on record with the City their correct address and renew same every thirty (30) days. Operators will be called back to service in seniority order according to the following procedure. The City will advise each Operator to be recalled by registered mail or telegram. A copy of such recall notice will be furnished to the Union representative. An Operator receiving such notice will acknowledge receipt of same by registered mail or telegram within seven (7) days, advising the City that the employee will be available for service, which date must not be later than fifteen (15) days from the date the City forwarded recall notices. In extenuating circumstances the fifteen (15) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as limit may be mutually agreedextended at the discretion of the Manager of Transit & Parking. Furloughed Operators failing to comply with these regulations will forfeit their seniority rights and be considered as out of service. 9:07 An operator appointed to a position not governed by this Agreement provided the appointment is less than six (6) consecutive months, if further training time is required). Failure of an employee to qualify shall entitle them have the right to return to their former job position as Operator without loss of seniority. 9:08 An employee's employment shall be considered terminated and their seniority or benefits. In cancelled when: (a) the event there are no successful biddersemployee quits their employment, or (b) the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants is discharged for all posted vacancies and newly created jobs. All postingscause, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant.or (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or employee overstays a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingwithout reasonable cause. (a) An employee's seniority shall not be broken by sickness The parties agree to the following conditions regarding employees absent from work due to non- occupational illness or injury certified by a licensed physician, licensed dentist or licensed chiropractor.accident: (bi) An employee's seniority shall be broken if During the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for first twelve (12) months or more, with of any such absence the exception that continuity City agrees to provide at its cost all benefits set out in articles 15:01 and 15:02. (ii) At the end of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of such twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical listmonth period, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company such employee will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate responsible for the job to which the employee is transferred. In case total cost of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherall benefits set out in Articles 15:01 and 15:02. (aiii) An The City agrees to maintain the seniority of such employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a 36 month period not exceeding one (1) yearafter which employment will be terminated. (b) An employee who has accrued seniority is absent from work due to an occupational illness or accident for which WSIB is paid will be provided as follows: (i) During the first 24 months of such absence the City will provide at its cost all benefits set out in Articles 15:01 and is employed by Local 324 shall be granted Leave 15:02. (ii) At the end of Absence from the Company. The such month period such employee will go back to be responsible for the position they held prior to their leave upon returning from said leavetotal cost of all benefits set out in Articles 15:01 and 15:02. 12.11 An (iii) The City agrees to maintain the seniority of such employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a 36 month period not exceeding one (1) yearafter which employment will be terminated. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3e) months or more. It is understood this does not apply to seasonal lay- offsthat the provisions of 9:08(d)(a)(iii) and 9:08(d)(b)(iii) must be interpreted and applied in a manner consistent with the provisions of the Human Rights Code.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 21.1 Seniority groups shall be established in accordance with Article 22. A seniority list of all employees in each seniority group, showing employee number, name, seniority date, location, position occupied and S.E.S. Group level, shall be posted in locations accessible to those affected. The date of entry into the Company's service will also be included if different than the seniority date. The date of promotion will also be included where applicable. 21.2 Seniority lists shall be updated and posted at the headquarters locations of all employees concerned, on or before May 1 of each year. A copy of said list shall also be furnished to the President and Local Chairperson. The President shall also be advised with respect to the names of individuals removed from a seniority list since the previous posting. 21.3 Seniority lists shall be open for correction for a period of sixty calendar days on presentation in writing of proof of error by the employee or his/her representative to the employee's immediate supervisor. 21.4 Except by mutual agreement, seniority standing shall not be changed after becoming established by being posted for sixty calendar days following date of issue without written protest. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new an employee shall be considered not lose seniority as probationary until they have worked thirty (30) days within a six-month period. Seniority result of new employees shall be established at the end of this period and shall be effective being removed from the date of employmenta seniority list improperly or through an administrative error or lose or gain seniority through an administrative error. (a) Seniority A new employee shall be on probation and not be regarded as permanently employed until he/she has completed 120 days of cumulative compensated service and, if retained, shall then rank on the seniority list from the date first employed in a position covered by this agreement. In the meantime, unless removed for cause, which in the opinion of the Company renders the employee undesirable for service, s/he shall be regarded as coming within the terms of the agreement. The parties may extend the 120 day period, subject to mutual agreement (b) In circumstances where the Company hires students to provide for additional vacation allotment during peak vacation periods, students so hired will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due subject to the completion following conditions: (i) Students will receive training required to perform only a limited number of seasonal operationsfunctions and will be assigned to vacancies accordingly, or a part thereof, each notwithstanding the provisions of Article 23.1 (c) of the Collective Agreement. (ii) Students shall not accumulate seniority or cumulative compensated service. (iii) Students shall not be entitled to benefits, nor shall they become members of the pension plan. (iv) Students shall be paid for all service performed at 85% of the job rate of the position assigned. (v) Students shall not have the ability to apply to bulletined positions and shall not be given preference for permanent employment should their student status change and they apply for a position within the Company at a later date. (vi) In order to be considered as a student, proof of registration in a recognized institution shall be required to be produced upon request. 21.6 Seniority of employees so affected will shall be permitted confined to exercise the respective seniority group in which employed. An employee may, however, in case of ill health be transferred from one seniority group to another without loss of seniority as may be mutually agreed. (See Appendix A-6 with respect to special arrangements for physically disabled employees.) (a) Employees transferring from one roster to another as a result of being the successful applicant on either a temporary or permanent bulletin shall take their seniority and transfer to with them. Upon expiration of a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04temporary bulletined assignment, the employee advises the Company, prior must revert to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, his/her permanent position with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsfull seniority. (b) The Company, when filling vacancies, will do so from within the bargaining unit Except as otherwise provided in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5Clause 21.7(a) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee accepting a transfer to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority position on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A another seniority list shall be prepared and posted monthly lose his/her seniority rights unless service is not required in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leavevacated. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered defined as probationary until they have worked thirty (30) days within a six-month period. Seniority an employee's length of new employees continuous service in rank with the Auburn Fire Department and his last date of commencing employment, except that in vacation selection, seniority shall be established at total length of continuous service with the end Department. When an absence exists for the position of line Officer and the Duty Chief or his designated representative determines to assign a Firefighter to this period and absence, consideration shall be effective from given in the date of employment.following order: (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise Firefighter assigned to the district will be company and the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance platoon with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working daysyears of experience (2) Firefighter assigned to the company with at least 5 years of experience (3) Firefighter assigned to the platoon (shift) with at least 5 years of experience (4) out of company Firefighter with at least 5 years of experience. It is agreed howeverContinuous service shall be broken as a result of a resignation by the employee or a discharge for just cause. The Employer shall furnish the Union on January 1st of each year a seniority list showing all employees covered under this Agreement and the last date of appointment to their designated rank for continuous service, that temporary appointments may be made without posting for filling vacancies and their last date of less than thirty (30) calendar days durationcommencing employment. Newly created jobs will be posted When a permanent vacancy exists due to resignation, promotion, or disability, the Chief shall post on the bulletin boards by the Company of all companies a notice to this effect for a period of five fifteen (515) working days prior to any appointment to such jobscalendar days, stating the normal job requirementsand shall provide space where employees requesting consideration for this vacancy may sign their name. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis A list of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will employees signing this notice shall be forwarded to the Union officePresident. Once At the successful applicant has been appointedconclusion of the period, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job Employer agrees that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and in filling the job posting vacancy, the following factors will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is be taken into consideration: (1) aptitude, skill and ability to perform the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two required work; (2) working daysdependability; (3) physical ability; and (4) seniority. If the aptitude, skill and ability, dependability, and physical ability of qualified bidders are relatively equal, seniority will prevail. The Employer shall furnish the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with Union President a copy of such said the notice to of reassignment. The Employer shall furnish the Union Grievance Committee. The Company will provide two weeks' notice President a copy of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of Godall temporary assignments. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. (i) The Employer shall maintain a seniority list for full-time employees showing the date upon which each employee's service commenced. A current seniority list as of December 31st will be provided by the Employer to the Union on or before March 31st of the following year. (ii) The Employer shall maintain separate seniority lists for Regular Part-time employees showing accumulated hours worked in their regular position. An On-call employee who successfully bids into a regular part- time position will accrue seniority on an hourly basis, for all regular hours worked in their regular part-time position. For the purposes of bidding into a full-time position, an employee will use his/her original date of hire. Seniority accrued while working in a regular part-time position will be credited once the employee has successfully bid into a full-time position. A full-time employee who successfully bids into a regular part- time position will maintain their existing seniority and build upon it for all regular hours worked in their regular part-time position. (iii) It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreementupon an employee’s termination from employment, in whole or in part, the terms and conditions as set out in Appendix B their name will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective deleted from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given noticelist. It is also understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still criteria used in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or determining an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractoraltered. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave Leaves of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months months, or moreleaves of absence on compassionate grounds, leaves of absence due to disability or leaves of absence granted under Clause 21.24 shall be considered as having not interrupted employment in terms of service seniority. (c) Leaves of absence other than as set down in Clause 12.01(b) shall be considered as an interruption of employment. It is understood this does agreed that such leaves of absence shall not apply cause a loss of seniority, excepting for that period lost during the actual leave of absence. (d) Employees who leave the bargaining unit for any length of time to seasonal lay- offsfill any management position with the Employer, either permanently or temporarily, and then return to the Bargaining Unit shall retain their seniority excluding that period of service with management.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. It is understood A. Seniority shall be defined as the length of continuous service with the Houghton Lake Community Schools from the teacher’s most recent “date of hire” (defined as the first day worked). 1. Leaves of absence granted pursuant to this contract or which are required to be granted by law (e.g., FMLA, Military Duty/Reserves) and agreed that where article XII is periods spent on layoff shall not constitute an interruption in conflict with Appendix B continuous service. 2. Credit given for outside teaching experience shall not be considered for the purpose of accumulating seniority. B. A seniority list shall be jointly prepared by the employer and the Association no later than October 31st each year. The seniority list shall be in rank order of the Collective Agreement, teachers first date of work as set forth in whole or in partthe preceding section. In the event more than one individual has the same first day of work, the terms relative place of such persons on the seniority list with respect to that date of work will be determined by a drawing of lots participated in by all affected teachers. The notice of the drawing, including date, place and conditions as set out time, will be determined jointly by the Employer and the Association and communicated to all affected members one (1) week before the drawing. The drawing will be conducted openly and at a time and place that reasonably allows all interested teachers, and particularly those affected, to attend. The President of the Association or his/her designee shall draw for any person unable to be in Appendix B attendance. All affected teachers will supersede same 12.01 The Company recognizes be notified in writing of the principle results of senioritythe drawing within forty-eight (48) hours of the drawing. Seniority will govern subject This applies to reasonable consideration new hires following ratification of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offthis Agreement. 12.02 Employment 1. The seniority list shall be published with notation of the certification, approvals, majors/minors, endorsements, and certificate expiration then on file with the employer of each teacher and posted conspicuously in the area of each building reserved for teachers' use as well as being placed in the general office of each such building for inspection by October 31 of each school year. Updates of the list shall be published and posted as they are made. 2. A copy of the posted seniority list and all subsequent updates shall be provided to the Association. Errors, omissions, and/or deletions in or to the list as posted will be noted and corrections made as required to conform to this Agreement at the request of any new employee shall teacher on written notice to the Association or at the request of the Association on notice to affected members. For purposes of this Agreement the seniority list will conclusively be deemed to be accurate and no objection to any alleged error, omission and/or deletion on the seniority list will be considered as probationary until they have worked unless it is called to the Superintendent's attention in writing within thirty (30) days within of the date the seniority list is provided to the Association. C. A bargaining unit member who is laid off and is paid unemployment compensation benefits (associated with his/her regular assignment) during the summer immediately following the layoff and who is subsequently recalled to a six-month period. Seniority of new employees shall be established position at the end beginning of this period and shall be effective from the date of employment. (a) Seniority next school year will be applied on a Company wide basis in recalls, promotions, transfers from camp paid according to camp and layoffs. When layoffs are required due an annual salary rate such that his/her unemployment compensation plus that annual salary rate will be equal to the completion rate of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created salary he/she would have earned for the xxxxx to roadside workforce. The employee who school year had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is he/she not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity given notice of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-offlayoff. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on An employee, other than a Company wide basis student hired for the vacation period, shall acquire seniority status after being in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each employ of the employees so affected will be permitted to exercise their seniority Company for a probationary period of one hundred and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffseighty days. (b) The CompanySeniority shall govern in the case of a lay-off which the Company expects to remain in effect for more than seven days provided employees are sufficiently qualified. No individual employee will be laid off for more than a total of 14 days in a year without applying his / her seniority rights, when filling vacancies, will do so from notwithstanding the Company‟s ability to implement the seven day lay-off without applying said employee‟s seniority. Sufficiently qualified shall be deemed to mean that the employee is qualified to perform the normal duties of his / her job classification. For equally qualified employees seniority shall govern in the case of a transfer or promotion to a classification within the bargaining unit unit, which the Company expects to remain in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board effect for at least five (5) working more than thirty days. It is agreed however, understood that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs where employees are not equally qualified preference will be posted on given to the bulletin boards by best qualified. Qualifications acquired during the Company for a period of five (5) working days prior a transfer or promotion made under the temporary provisions of this clause shall be disregarded in making a permanent adjustment. Where the temporary adjustments contemplated above occur and subsequently become permanent or exceed the stipulated time limits, the provisions of this clause shall apply immediately but such application shall be without retroactive effects. Copies of the Job Posting and Lay-Off Procedure are available to any appointment the Union and will show the established lines of progression and retrogression. The Company agrees not to such jobs, stating revise the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within Procedure during the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 term of this Agreement. Employees accepting However, any addition to the posted jobs Procedure shall not be allowed five (5) work days in which deemed to qualifybe a revision but will be discussed and reviewed with the Union. After moving through the lines of retrogression and before lay-off, an employee will be assigned by the Company according to the employee‟s seniority and subject to the first paragraph of this clause, to the lowest classification of any job progression, other than the Manufacturing Service Person job progression, (or a further time as and such assignment may be mutually agreedto that classification occupied by the employee with the least seniority of all the employees in the bottom classifications of the lines of progression) or, if further training time there is required). Failure of an employee no such classification available to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful biddersemployee, the junior employee will be assigned to one of the following classifications, in the transition contractor will be awarded following order based on said employee‟s seniority: Manufacturing Service Person, Service Person, Services Trainee, Janitor, Hiree. Seniority shall govern in the posting. The Company shall post notices in camps showing case of a lay-off from the names classification of successful applicants for all posted vacancies Manufacturing Service Person, Service person, Services Trainee, Janitor, and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantHiree. (c) A job that becomes vacant because For the incumbent has had purposes of this agreement seniority shall be calculated from the date an employee first enters the bargaining unit under this Collective Agreement with the Company or its predecessor. Employees who leave the bargaining unit for any reason shall maintain and continue to vacate it accumulate seniority for the total period of his / her subsequent employment with the Company or its predecessor. Seniority so acquired shall be lost on termination of employment. However, accumulated seniority shall be restored upon re-employment if such termination was due to sickness lay-off or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a the expiration of leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to for illness or accident provided the provisions lapse of Section 12.03(b) time between the date of termination for such reasons and the job posting will note that it is date of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is re-employment does not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingeighteen months. (ad) An employee's seniority Seniority shall not terminate and an employee shall cease to be broken employed by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor.the Company if: (bi) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report absent from active employment for work following recall as provided in Section 12.05 a period of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-twenty- four (24) months if requested in writing by calculated from the period the absence commenced. ii) the employee before is absent for three (3) consecutive working days without notifying the elapse Company of twelve the absence and providing reasons satisfactory to the Company for such absence. (12e) full When employment offers are made, former employees whose employment with the Company was terminated during the preceding eighteen months or due to lay-offoff and who are qualified for the job or jobs available shall be offered employment on the basis of seniority accumulated prior to termination. The Company shall be under no obligation to re-employ such a former employee unless said person has filed a current address and telephone number with the Company for this purpose, can be reached when the opportunity for employment arises and is available for work when required. In the even that a former employee fails to accept re-employment the Company may consider that said person no longer wishes to be re-employed. 12.07 (f) The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company post seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office lists showing the seniority date and posting/position held status of each employee with and to furnish a copy of such lists to the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherUnion. (ag) An employee who has accrued The Company agrees to alter the seniority lists at least every four months and to correct any errors therein whenever proof of error is then employed submitted by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 or any employee. No change shall be granted Leave made in the seniority status of Absence from the Company. The an employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position without consultation with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) yearUnion. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. It is understood (a) Seniority for full-time Nurses shall commence and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective accumulate from the date of employment. Seniority for regular part-time Nurses shall accumulate on the basis of the number of paid hours in each calendar year including stat, sick and vacation hours. (ai) In the event a full-time Employee transfers to part-time status, their seniority will be maintained and accumulated on the basis of one (1) year of full-time service equalling eighteen hundred and twenty (1,820) paid hours in service with the Employer. (ii) In the event a full-time or part-time Employee transfers to casual status, their seniority shall be maintained on the basis of one (1) year of full-time service equalling eighteen hundred and twenty (1,820) paid hours in service with the Employer for purposes as defined at Article 5.1(a)(iv) below. (iii) In the event a part-time or casual Employee obtains a full-time position, their seniority will be credited on the basis of eighteen hundred and twenty (1,820) paid hours in service with the Employer equalling one (1) year of full-time service. (iv) Seniority will be applied shall accumulate for casual Employees on a Company wide the basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given noticepaid hours. It is understood and agreed that when layoffs are occasioned by seniority for casual Employees shall only be recognized for purposes of job postings. The casual Employee seniority ranking shall appear on the completion seniority list with a notation indicating “for purposes of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsjob posting only”. (b) The CompanyA seniority list showing each Nurse's name and professional category shall be posted before the end of February and August on one bulletin board in each office. For part-time Nurses only, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies seniority on such lists will be posted on expressed in terms of total paid hours. Complaints concerning the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies accuracy of less than thirty (30) calendar days duration. Newly created jobs such list will be posted on the bulletin boards by the Company for a period considered within twenty (20) worked days of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for posting and if no complaint is received within that time such jobs, unless they apply in writing within the five (5) day period. All jobs list will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreementpresumed to be accurate. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or If a further time as may be mutually agreed, if further training time complaint is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor received it will be awarded responded to within twenty (20) worked days from the postingdate the complaint was received. The Company shall post notices in camps showing the names A copy of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary such list will be forwarded sent to the Union office. Once Bargaining Unit President at the successful applicant has been appointed, the Company will forward to the Union a list time of all applicants and identify the successful applicantposting. (c) A job that becomes vacant because Seniority dates on the incumbent has had above list will determine the effective date of salary increments. Regular part-time Nurses will be entitled to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty one (301) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from increment within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies salary schedule for each eighteen hundred and third shifts when created for twenty (1,820) paid hours in the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any service of the reasons set forth above provided howeverEmployer, that being the job is still in effect and it is not filled by a senior employee who for reasons equivalent of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) yearyear of service. (bd) An employee who has accrued seniority and is A newly employed by Local 324 full-time Nurse shall be granted Leave of Absence from the Companyconsidered a probationary Nurse until they have completed four hundred and twenty (420) hours. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees A newly hired part-time nurse shall be offered alternate employment in accordance with Section 12.01 to meet considered a probationary nurse until they have completed four hundred and twenty (420) hours. After which the Company's labour requirements, and if such employees require training to perform full-time and/or the alternate employment effectively, they part-time nurse shall be trained by placed on the Company, provided that the jobs they have applied seniority list with full seniority commencing from their date of hire subject to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offsarticle 5.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B 9.01 New employees will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month periodbeen employed for three months. Seniority shall then be credited as of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to first entry into the completion of seasonal operations, or a part thereof, each service of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04Company. At the Company's discretion, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to employee's probationary period may be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with extended for a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) weekmonth period, otherwise subject to notification to the district will Union. An employee's probationary period may be extended by the unit amount of application time spent on any modified work assignment(s) recommended by a physician and/or by the entire length of seniority on seasonal layoffs. (b) The Company, any period of absence when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice period of impending vacancies will be posted on the camp bulletin board for at least absence exceeds five (5) consecutive working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs The Union President will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply notified in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time when an employee's probationary period is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) being extended and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall extension will apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued completed his/her probationary period will be known as a seniority employee. 9.02 Seniority lists shall be posted and is then employed by the Union shall retain such accrued be furnished with a copy once every three (3) months. (a) When a vacancy occurs, a notice will be posted for three (3) working days advising employees of the vacancy. The initial vacancy and subsequent vacancies created in the chain shall then be offered by seniority for to those employees who are entitled as defined below. In no event shall the number of vacancies filled in this manner exceed five (5) in any one chain. To be entitled to be offered a period vacancy under the above procedure, an employee must qualify as follows: (i) The employee does not exceeding one hold a bid restriction under Clause 9.03 (1b) yearof this agreement, and (ii) the employee is capable of doing the job within a reasonable training period, and (iii) the employee is actively at work and available to be offered the vacancy, or the employee is absent from work but has previously notified the Company that he/she will accept the position if offered, by completing the designated job bid interest form. An employee who does not wish to be offered vacancies under the above procedure may file a written waiver with the Company to that effect. An employee on light duty because of a temporary medical restriction must be medically capable of beginning training within ten (10) calendar days in order to be eligible to fill a vacancy under the above procedure. If the Company requires additional medical information and the employee is unable to provide the information within the ten (10) day time limit, then this time limit will be extended accordingly. Once the above procedure has been exhausted, the remaining vacancy may be filled through recall by seniority of an eligible individual from layoff. If there are no eligible individuals on layoff, the Company may hire to fill the position. (b) An When an employee who has accrued seniority is offered a job under this provision, he/she must immediately accept or reject the job, and is employed by Local 324 his/her failure to accept or reject the job immediately shall be granted Leave considered as a rejection of Absence from the Companyjob. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted offered the job, and who accepts it, will not be permitted to bid on another opening for twelve (12) months. The foregoing time limits will not apply to an individual who wishes to bid on another job within his/her classification on his/her shift or transferred on another shift. A notice will be posted indicating the name of the employee who has accepted the job. (c) The following rules shall govern in the application of the restrictions found in Clause 9.03 (b). 1. The time restrictions found in Clause 9.03 (b) commence running on the calendar date the employee signs the certification indicating his/her acceptance of the job. 2. If an employee is awarded a job (referred to a position hereafter as the original job) thereby accepting the time restrictions imposed by Clause 9.03 (b), and that job to which he/she has been awarded is subsequently eliminated or he/she is bumped from it, his/her bidding rights will be restored at the time of such elimination or bump, subject to the following conditions: If he/she is offered recall to the original job under the provisions of Clause 9.07 and he/she accepts or rejects such recall, the original bidding restrictions will be re-imposed with the Company outside same beginning date as the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) yearbidding restrictions referred to in the preceding paragraph. 12.12 When jobs are discontinued due (d) 1. In the event that an employee is awarded a job and fails to the introduction of new methods and equipment, or due to curtailment of operations, affected employees qualify on that job within a reasonable training period he/she shall be offered alternate employment returned to his/her previous job with the balance of his/her bid restriction in force. The vacancy thus created will be treated as an initial vacancy. The employee affected by the return of the employee who failed to qualify shall be returned to his/her previous job and his/her bidding rights will be restored. If such job has been eliminated, the affected employee will be treated as a displaced employee and will place him/herself in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform terms of Clause 9.06 of the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offsCollective Labour Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is 9.1 Except as otherwise provided in conflict with Appendix B of the Collective AgreementArticle 14.13, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any a new employee shall not be considered regarded as probationary permanently employed until they have worked thirty after sixty-five (3065) days within a six-month period. Seniority of new employees shall working day’s service, which service must be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from accumulated within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than preceding twenty-four (24) months months. Within such sixty-five (65) day period they may, without investigation, be removed for cause, which in the opinion of the Railway renders the employee undesirable for its service. If removed for cause they shall be provided with a written notice. If retained, seniority in the Maintenance of Way department shall commence from the date of entry into the service as Maintenance of Way employee under this agreement. 9.2 When two (2) or more employees are employed in the bargaining unit on the same day, their seniority standing will be determined in the following order: (a) last date of entry into Company service; if requested the same, (b) the local time at which they started work in writing the bargaining unit; if the same, (c) date on which application for employment was made; if the same, (d) by a drawing of names as arranged by the employee before appropriate Company Officer and the elapse of twelve (12) full months or lay-offLocal Representative. 12.07 The Company agrees 9.3 In the event of an employee leaving the service when their services are required, upon re-entering the service, they shall rank as a new employee but shall not be required to submit complete the probationary period stipulated in Article 9. 1. If the experience of an applicant meets the requirements of this Section they are, if employed, entitled to the Union an alphabetical listminimum schedule rate. 9.4 Probationary employees, in duplicateif qualified, shall have preference of employment over the engagement of new hires. Seniority Lists 9.5 Complete lists of all Maintenance of Way employees covered by this Agreement agreement on each seniority territory as of April 1stdefined* hereunder, showing Company their seniority datesstanding in their respective departments and dates of promotion to higher classifications therein, shall be updated and posted at the headquarters locations of all employees concerned, on or before March 31 and September 30 of each year. The Company will endeavor to have this A copy of said list sent shall be furnished to the Union Representatives of the employees. Seniority territories, as defined* hereunder, shall not be changed except by agreement between the railway involved and the TCRC MWED President. Note: See Seniority Territories, Appendix B 9.6 Separate lists will be prepared for employees in the Track Department, Bridge and Structures Department and all other groups governed by this agreement. 9.7 Seniority lists shall be open for correction for a period of one hundred and twenty (120) calendar days on presentation in writing of proof of error by the first employee or their Representative to the issuing officer. Except by mutual agreement, between the TCRC MWED President or the authorized Representative and the appropriate officer of May the Railway, seniority standing shall not be 9.8 The list for Track Maintainer shall be prepared and will include those employees who in the exercise of each year thereafter. 12.08 their seniority have been assigned to vacancies or new positions regarded at the time as providing full time work. A seniority list shall also be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job classification of Trackman “B” to which include those employees who 9.9 A seniority list shall not be established for Track Maintainer/Section Truck Drivers. Bulletined vacancies of Track Maintainer/Section Truck Driver will be awarded on the employee is transferredbasis of seniority in the classification of Track Maintainer. In case of a temporary change A Track Maintainer/Section Truck Driver will retain all seniority rights and shall be able to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher.exercise (a) An employee who has accrued will not forfeit seniority in higher classifications (above Track Maintainer) for failure to occupy vacancies in those classifications if the b) The Track Maintainer/Section Truck Driver will have the primary responsibility for the operation of the BTMF Section Vehicle. This operation will consist of the regular driving and daily inspection of the Section Vehicle. The principal duties of an employee working in the position of Track Maintainer/Section Truck Driver shall be that of a Track Maintainer. c) If for any reason a Track Maintainer on the section is then employed unable to drive the Section Vehicle, that duty will be performed by the Union shall retain such accrued seniority for a period not exceeding one (1) yearLeading Track Maintainer or the Track Maintenance Xxxxxxx. (bd) An employee who has accrued seniority and is employed All training regarding the Section Vehicle will be provided by Local 324 shall be granted Leave of Absence from the CompanyCompany during regular working hours. The employee will go back Company is prepared to absorb the position they held prior to their leave upon returning from said leavecost of any additional licensing fees regarding the operation of the Section Vehicle. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1e) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected Work Equipment Repair Shop employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained represented by the CompanyTCRC MWED shall provide maintenance services on the BTMF Section Vehicles, provided including repair of hydraulic components, crane and Hi-Rail components, in line with present practices. Note: Following the 1993 BTMF Reorganization, on each Seniority Territory, bulletins were issued to fill the permanent positions of Track Maintainer/Section Truck Driver that were established under the jobs they have applied BTMF implementation. For the purposes of establishing these new positions, one position of Track Maintainer, as outlined in the Article 8 notices, for each of the reorganized sections to be trained for are expected to last for which a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.BTMF Section Vehicle was assigned, were considered

Appears in 2 contracts

Samples: Wage Agreement, Wage Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees 3.01 Basic seniority districts shall be established at as follows: District #1 - Quebec District #2 - Ontario District #3 - Manitoba (including Thunder Bay) District #4 - Saskatchewan and Xxxxxxx Xxxxxxxx #0 - Xxxxxxx Xxxxxxxx Solely for the end purpose of this period and bidding on bulletined vacancies, national seniority shall apply. Employees hired prior to January 1st 2010, shall continue to have bidding priority on their seniority district. Qualifications being equal, positions shall be effective awarded in the following order: • Senior District employee hired prior to January 1, 2010. • Senior Off District employee, hired prior to January 1, 2010. • Senior employee hired on or after January 1, 2010. In the application of Article 3.01, it is understood that off district employees who are awarded a bulletined position, shall establish seniority at their new work location in accordance with their national seniority date 3.02 Seniority shall mean the length of continuous service of an employee from the date of employmenthis last entry into the service of the Canadian Pacific Police Service in a position covered by this collective agreement. (a) Seniority will 3.03 A new employee shall not be applied on a Company wide basis regarded as permanently employed until he has completed nine months' cumulative compensated service, which must include 1,560 worked hours. In the meantime, unless removed for cause, which, in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each opinion of the employees so affected will be permitted to exercise their seniority and transfer to a job Company, renders him/her/her undesirable for which they are qualified, provided that, having received advance notice in accordance with section 12.04its service, the employee shall be regarded as coming within the terms of the agreement. If retained, he shall then rank on the seniority list from the date first employed in a position covered by this agreement. A probationary employee who is removed for cause under the provisions of this Article, will be entitled to progress a grievance under the provisions of Article 11 if he so desires. 3.04 An employee will be granted leave of absence without pay upon the written approval of his/her Manager, provided the granting of such leave does not result in additional expense and operational requirements are met. 3.05 An employee shall continue to accumulate seniority while on approved leave of absence. 3.06 An employee's seniority rights shall extend over the district, as defined in Article 3.01, on which he is employed. A complete list of all employees within each seniority district showing name, classification, length of continuous employment relationship with the Company, date of last entry into the service of the Canadian Pacific Police Service in a position covered by this agreement and seniority standing shall be posted at all locations where employees governed by this agreement are stationed, in a place accessible to them. The said list shall be posted not later than thirty days after the signing of this agreement and thereafter on January 1st of each year. 3.07 Unless an employee advises the Companydesignated Company Officer in writing, prior to the effective date end of the advance notice and in writing on forms to be supplied by the Companyeach year, of their desire to transfer or to remain on the recall list, he/she will be laid off. The Company will provide dropped from the Union Grievance Committeeseniority list: i) if, prior to the intended as a result of layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts having performed no service for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5one year; or ii) working if on SUB benefits, at the expiration of such benefits, whichever is the longer period. 3.08 For the purpose of employees making application on positions in their seniority district or in other seniority districts in conformity with Article 5.07 of this agreement, seniority shall mean system seniority which shall be the length of service of an employee in a position governed by this agreement in all seniority districts. 3.09 The seniority list shall be open for correction on proper representation by an employee or his representative for a period of ninety days prior from the date of posting. If no exceptions are taken during such ninety days, the seniority dates shall be established as correct and not changed thereafter except by mutual agreement between the Superintendent and the representative of the Association or for correction of typographical errors. A copy of the seniority list shall be furnished to any appointment the Association representative not later than fifteen days after posting. 3.10 When two or more employees are employed on the same day, subject to such jobsthe provisions of Article 3.08, stating their seniority standing will be determined in the normal job requirements. following order: a) the local time at which they started work; b) previous service in the Canadian Pacific Police Service; c) previous Company service; d) date on which application for employment was made; e) by drawing of names as arranged by the Inspector and District Representative. 3.11 Employees shall not be considered for such jobs, unless they apply in writing moved within the five (5) day periodDepartment to positions excepted or excluded from the terms of this agreement shall retain seniority rights to the date of departure from the Bargaining Unit. 3.11.01 Employees that are released to a position covered by this Collective Agreement may forward, in writing, a request to the CPPA to recover their seniority from the date that he/she stopped accumulating seniority. All jobs will This request may be filled from among granted in accordance with the qualified applicants terms of the CPPA Constitution. 3.12 Except as otherwise provided in Article 3.11 and 3.11.01, an employee who accepts a promotion or transfer to a position outside of the Department not covered by another agreement shall retain his rights and continue to accumulate seniority for six months on the basis of Section 12.01 of this Agreementseniority list from which promoted or transferred, which time may be extended by mutual agreement. Employees accepting the posted jobs The position thus vacated, if required to be filled, shall be allowed five (5) work days in bulletined as a temporary vacancy and such employee shall return to his former position if he is removed from the position to which to qualify, (promoted or a further transferred within six months or such longer period of time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

SENIORITY. It is understood 8.01 An employee will be considered on probation until he has completed four hundred and agreed that where article XII is in conflict with Appendix B eighty hours (480 hrs) of work within any twelve (12) calendar months. During such probationary period he will be subject to the seniority provisions of the Collective Agreement, in whole or in part, Agreement but his name will not be placed on the terms and conditions as set out in Appendix B seniority list until he has completed the probationary period at which time he will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective seniority dating from the date he was hired by the Company. The dismissal of employmenta probationary employee shall not be the subject of a grievance. The Company reserves the right to terminate a probationary employee and such termination shall be deemed for just cause providing such action was not exercised in a manner which was arbitrary or in bad faith or contrary to the provisions of the Ontario Human Rights Code, or as provided for in the Labour Relations Act. 8.02 The seniority list will be posted every three months. After such posting, the list shall become final with respect to the employees designated therein except as to any employee who has disputed the accuracy of his seniority date while the list is posted, in which case it will be subject to adjustment, if established to be inaccurate. All present employees' names shall appear on seniority list as of date of hire. (a) Seniority will be applied on In the event of a Company wide basis in recallswork shortage for the purpose of lay-offs and for the purpose of recalling those to work who have been laid off, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the it is agreed that employees so affected will be permitted to shall exercise their seniority first on a classification basis then on a plant wide basis and transfer to a job for which they are qualified, the following factors shall be considered provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to probationary employees shall be laid off. The Company will provide off first provided the Union Grievance Committee, prior remaining employees are qualified to do the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. available work. (i) seniority (ii) skill and ability to perform the work It is understood and agreed that when layoffs are occasioned by where factor (ii) is relatively equal between employees, seniority as herein defined will govern. In the completion event of seasonal activitiesa lay-off or a recall, Company-wide seniority an employee who claims that he should be allowed to bump will be applied only when operations continue given up to five (5) days of training to demonstrate that he has the skill and ability to perform the work. Note: This does not apply to classifications C1, C2, C3 or C4 unless the employees’ work records indicate they have previous experience and recognized skills in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsthose classifications. (b) The CompanyIn the event of a layoff or recall to work as in 8.03 (a), when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies Union will be posted on the camp bulletin board for at least five (5) working days. It is agreed howevernotified prior to such layoff or recall to work. 8.04 When short term lay-offs become necessary, that temporary appointments may be made without posting for filling vacancies caused by Acts of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by God, unexpected disruption of supplies, mechanical or electrical problems, work stoppages or inventory count, the Company may lay off an employee for a period of five not to exceed three (53) consecutive working days at any one time during a calendar year, not exceeding seven (7) working days prior in any one calendar year, without regard to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 provisions of this Agreement. Employees accepting the posted jobs Article. 8.05 A person shall lose all seniority and shall be allowed five (5) work days in which deemed to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, have terminated employment with the Company will forward to if he: (a) voluntarily quits the Union a list employ of all applicants the Company; or (b) he is discharged and identify such discharge is not reversed through the successful applicant.Grievance Procedure; or (c) A job that becomes vacant because the incumbent has had (i) fails to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, notify the Company that he will notify, in writing, the employees intended to be laid off, at least report for work within two (2) working days in advance, with a copy of such said notice to after being notified by the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee subsequently fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.within five

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. It 1. Seniority shall be defined as continuous length of time as a temporary professional employee or professional employee in the District as that term is understood defined under the Public School Code of 1949, as amended. 2. Seniority shall not accrue for time served as a long term substitute or as a day to day substitute. 3. Part time employees shall accrue seniority on a pro rata basis. 4. The school district will create and agreed that where article XII is in conflict maintain a seniority list for all bargaining unit employees. Such list shall include the employee’s first working day as a temporary professional employee or professional employee, length of employment, and the employee’s areas of professional certification. This list shall be posted once each year with Appendix B notice to the bargaining unit members and the Association. Any concerns regarding placement on the seniority list must be raised within two (2) weeks of the Collective Agreement, in whole or in part, posting date; otherwise the terms list will be presumed to be accurate and conditions as set out in Appendix B no modifications will supersede same 12.01 The Company recognizes be made thereto until the principle of senioritynext posting. Seniority will govern Concerns expressed during the posting period which remain unresolved are subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offthe grievance procedure. 12.02 Employment 5. Whenever two (2) employees have the same “first working day” so that their seniority would commence at the same time, their order of any new employee seniority shall be determined by lot. Once the determination is made by lot such determination shall establish their position for seniority purposes for the balance of their employment. Tenured employees shall be considered more senior to non-tenured employees having identical seniority as probationary until they have worked thirty (30) days within a six-month perioddefined by this Agreement. 6. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants determined on the basis of Section 12.01 the school year or the number of this Agreementdays worked if less than one school year. An employee who worked more than the normal school year shall not be credited with any more seniority than an employee who works the normal school year. 7. During the first week of January 2012, the District shall post a preliminary seniority list. Employees accepting shall have 2 months from that posting date to review and correct any inaccuracies. After that time, the posted jobs list shall be allowed five (5) work days in which to qualifyconsidered final, (or a further time as may be mutually agreed, if further training time is required)absent extenuating circumstances. Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful biddersThereafter, the junior employee in annual posting of the transition contractor will list shall be awarded by the posting. The Company shall post notices in camps showing the names second week of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantSeptember. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness 8. An employee whose service is involuntarily interrupted or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a interrupted by an approved leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according continue to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of accrue seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created during such interruption for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any purpose of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued computing seniority for a period not exceeding one (1) yearsuspension and recall purposes. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 2 contracts

Samples: Employment Agreement, Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B The Employee's length of service for the purpose of determining seniority rights shall be deemed to commence on the first day of said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving the service of the Collective Agreement, in whole Employer or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniorityan employee discharged for just cause shall lose all seniority rights. Seniority will govern subject Failure to report to work for four successive working days without a reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee excuse therefore shall be considered as probationary until they have worked thirty (30) days within a six-month periodequivalent to voluntarily leaving the service of the Employer, but before any employee is discharged for any failure to report, the Shop Xxxxxxx must be notified. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority All seniority rights will be applied on a Company wide basis terminated for an employee who is laid off in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion excess of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied his recall rights as established by the Company, of their desire following scale: • seniority over ninety (90) calendar days and up to transfer or two (2) years - recall rights equal two (2) years; • seniority over two (2) years and up to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less ten (10) years - recall rights equal four (4) years; • seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one over ten (110) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least years - recall rights equal five (5) working daysyears. It If at any time fewer employees shall be needed, employees shall be laid off in the inverse order of their seniority considering also ability and competency for the job. When there is agreed howevernot sufficient work for forty (40) hours for all employees the Employer agrees as far as possible to arrange the work schedules so that the senior employee shall have forty (40) hours work. When the Employer again adds to the number of employees, that temporary appointments may those laid off shall be made without posting re-employed in the order of their seniority (seniority number) considering also ability and competency for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day periodjob. All jobs will be posted annually during the month of January. All positions must be filled from among the by qualified applicants employees on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefitsstaff. In the event there are no successful biddersfilling of advertised vacancies, the junior employee in Employer shall consider the transition contractor will be awarded senior applicant with the postingcompetence and the ability to do the job. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward shall be given a fair trial period of up to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the . Necessary job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp instruction will be informed of given during such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notifiedtrial period, and if they have been laid off for twelve (12) months or more, fail to perform in accordance with the exception that continuity of service will extend up toemployers requirements, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list they shall be prepared returned to their former position and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such casesstanding, an employee shall receive the rate for except that if the job to which the employee is transferred. In case of a temporary change to a lower job classificationthey have bid proves unsatisfactory, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred employee, within fifteen (15) days from commencing new job, may request to day workbe returned to his former position, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed which request will be given consideration by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee Employer will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority advertise vacancies for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.five

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 11:01 Seniority shall commence and accumulate from the date on which the employee last commenced work with the Employer. Supply Staff shall accrue seniority on the basis one (1) year equals one thousand, six hundred and seventy-three (1,673) hours of work at regular rates of pay. 11:02 A new employee shall be on probation until he or she has worked a period of six (6) months and paid according to the salary schedule for the job. Supply Staff shall be on probation until he or she has worked a total of eight hundred and forty (840) hours at regular rates of pay. During the probation period an employee shall be subject to rights under the grievance procedure except that an employee may be terminated based on a lesser standard of performance than required for an established employee. If retained after the probation period such employee's seniority shall be dated from the day he or she commenced work. 11:03 An up to date seniority list shall be posted on the appropriate bulletin boards in January of each year. Separate seniority lists shall be provided for: (a) full time and regular part time staff, and (b) supply staff. An employee on the supply list who becomes established in a full time or regular part time position shall have their seniority date established based on one (1) year equals one thousand, six hundred and seventy-three (1,673) hours of work at regular rates of pay. The seniority list(s) will be considered correct unless the employee disputes the accuracy of the list within thirty (30) days from the date the list(s) were posted. 11:04 The Employer agrees that in the event of a layoff, employees shall be laid off in the reverse order of their seniority and where it is necessary to rehire former employees, they shall be re-employed in the reverse order in which they were laid off. During such period of layoff an employee shall continue to accrue seniority for a period up to twelve (12) consecutive months but shall not be entitled to any other benefit except the right of recall to work. 11:05 It is understood and agreed that where article XII is in conflict with Appendix B all cases of the Collective Agreementpromotions to a higher job class, decrease in whole or in partforces and recall after layoffs, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee following factors shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment.considered: (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise ability to perform the district will be the unit of application of seniority on seasonal layoffs.work, (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, seniority. Where ability to perform the Company will notify, in writing, the employees intended work is considered to be laid offequal, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or determining factor. 11:06 A temporary vacancy is discharged and not re-instated, if the employee fails defined as a vacancy scheduled to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for be less than twelve (12) months or more, with in duration. 11:07 In the exception that continuity of service event an employee engaged in a temporary position works continuously for a period beyond the time specified in Article 11:06 such employee shall become established and entitled to all the benefits under this collective agreement. 11:08 Seniority shall be forfeited and employment will extend up to, but not more than twenty-four (24be terminated if: 1) months if requested in writing by the employee before the elapse of twelve (12voluntarily quits their employment; 2) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay discharged for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.proper cause;

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment There shall be no seniority of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at type during the end term of this period and shall be effective from agreement, with the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffsfollowing exception. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the Any employee advises the Companywho attained “company seniority” as defined below, prior to May 1, 1995, and who has continuously retained such without termination as of the effective date of the advance notice and in writing on forms to be supplied by the Companythis agreement, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less shall retain said seniority than those employees given notice. It until it is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit terminated in accordance with Article XIIRule No. Notice 6, below. Once “company seniority” is terminated, it cannot be reattained. “Company seniority” is defined as follows: Prior to May 1, 1995, employees who continuously remained in active employment of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company Contractor for a period of forty-five (545) working days prior and/ or seventy-five (75) calendar days acquired company seniority solely for the purpose of layoff and recall from and to any appointment work exclusively on the project sites within the Local Union jurisdiction in which the Contractor’s principal office is situated, provided said employee is qualified to such jobsperform the work. The following rules shall apply to “company seniority”: 1. Any employee with company seniority who has not worked for seven (7) calendar days shall be deemed laid off and may exercise his/her company seniority for recall on eligible projects, stating if qualified. Any employee exercising his/her company seniority after a seven (7) calendar day layoff will bump the normal job requirementsleast senior employee in a classification in which he/she has previously qualified. 2. Employees shall not be considered for such jobs, unless they apply Any employee desiring to exercise his/her company seniority bumping rights must notify theContractor of his/her intention in writing within on or before the five seventh (57th) calendar day periodof layoff in order to initiate the bumping procedures. 3. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure Seniority date of an employee who still retains “company seniority” shall be the date of his/her last hire. 4. The qualified employee with a greater company seniority and the ability to qualify perform the work remaining to be done shall entitle them be the last employee laid off and the first recalled on those projects eligible for company seniority, provided he/she has the ability to return to their former job without loss of seniority or benefitsperform available work. In Ability shall be determined by the event there are no successful bidders, the junior employee Contractor in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantfirst instance. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave 5. No grievances for alleged violations of absence not exceeding thirty (30) work days, company seniority as provided herein shall be classified as a temporary vacancy and accepted or honored unless the same is 6. An employee’s company seniority shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for terminate under any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.conditions:

Appears in 1 contract

Samples: Heavy State Agreement

SENIORITY. It 14.01 Seniority date shall be based on the first day for which the employee is understood and agreed that where article XII is in conflict with Appendix B paid. 14.02 When two or more employees commence work on the same day (as per Article 14.01), the procedure for establishing their relative seniority shall be as follows: (a) the employee who commenced work at the earliest hour of the Collective Agreementday shall be senior; (b) all other things being equal they should be placed on the seniority list as 14.03 Seniority and all service benefits shall be maintained and continue to accrue unless an employee: (a) resigns from the service of the Employer; (b) is discharged for just cause and is not reinstated; (c) is not recalled within a nine (9) month period from date of lay-off; (d) fails to report for two (2) regularly scheduled shifts within a six (6) month period without notifying the Employer unless the employee has good and sufficient cause for failing to report for duty; (i) regular scheduled shifts are understood to include scheduled shifts, in whole or in part, the terms approved transfer shifts and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offmutually agreed upon call-ins. 12.02 Employment (e) a casual employee who has been contacted by the Employer and has declined or been unavailable to work for a period of any new employee shall thirty (30) days. (f) appointment date will be considered as probationary until they have worked adjusted forward for the lengths of all leaves greater than thirty (30) days within a six-month period. Seniority of new employees shall be established at granted under Article 8.03 (e) except those that are granted for education upgrading and training which provides instruction that is related to the end of this period and shall be effective from employee’s employment opportunities with the date of employmentEmployer or those that are granted for xxxxxx parenting. (ag) fails to maintain and / or obtain a gaming license as administered by the Saskatchewan Liquor and Gaming Authority. 14.04 Seniority will shall be applied administered on a Company bargaining unit wide basis unless otherwise specified in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or this Agreement. 14.05 The Employer shall prepare a part thereof, seniority list showing each of the employees so affected will be permitted to exercise their employee’s seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid offdate. The Company will provide the Union Grievance Committeelist shall be completely revised semi-annually in January and June, prior subject to the intended layoff, with a review. The list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will shall be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the Union bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before where they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writinglocated. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. (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 in filling job vacancy, permanent transfer, layoff and recall after layoff, senior employees shall be entitled to preference. (b) In recognition, however, of the responsibility of the Management for the operation of the plant, it is understood and agreed that where in all cases referred to in 15.01 (a), Management shall have the right to pass over any employee if it considers that the employee does not have the ability and qualifications to perform the work within a basic training period of not less than three (3) working days worked but not more than seven (7) working days. A person who is the successful candidate for a job opportunity under this article XII is not eligible for another job opportunity until the employee has completed three (3) months of work in conflict with Appendix B their current position. Further, should any employee be the successful candidate to a job opportunity on three occasions in any calendar year, such employee will not be eligible for any further job opportunity in such calendar year. If an employee is not successful during the basic training period the attempt will not count as a successful posting. If the Company determines that it will pass over the employee during the first two months of work in the position, this period of work will not count as a successful posting for the purposes of this provision. The following classifications are exempted from basic training periods: painter, maintenance department classifications; lead hands; truck drivers; set up persons; press operators; and die correctors. If there is proven experience, it must have been obtained within the last five years. The Company agrees not to use this consideration in an unreasonable manner. Basic training periods shall be limited to two (2) per job on any occasion. On recall the trial period is to be two (2) working days. (c) In the event new employees are hired on the same date, seniority will be established based on alphabetical order of the Collective Agreementsurname. 15.02 The probationary period for all employees shall be six hundred (600) hours worked except for Maintenance employees and Die Correctors which shall be nine hundred (900) hours. All references to waiting periods in article 17 will now refer to successful completion of the probationary period. An employee's probationary employment and its termination shall not be subject to the grievance procedure. After the completion of the probationary period, seniority, in whole the case of all employees except maintenance employees and Die Correctors, shall date back to a date six hundred (600) hours worked and, for Maintenance employees and Die Correctors, to a date nine hundred (900) hours worked, prior to the date on which he/she completed his probationary period. Maintenance positions are not to include Labourer. 15.03 Seniority shall terminate when an employee: (a) quits for any reason; (b) is discharged and is not reinstated through the grievance procedure or in partarbitration; (c) has been on layoff for a continuous period of eighteen (18) months; (d) who has been on lay off for a continuous period of less than eighteen (18) months and who fails to notify the Company of his intention to return to work within three (3) working days after being notified by registered mail or by courier to the last address he/she has recorded with the Company, and unless he/she actually returns to work within five (5) working days after he/she has been so notified; (e) fails to return to work immediately after the terms and conditions expiration of a leave of absence. (f) fails to report for work when scheduled to do so on three (3) consecutive working days or more without notice to the Company unless such failure to notify is for a reasonable bona fide excuse acceptable to the Company. (g) retires 15.04 An employee shall accumulate seniority under any of the following conditions: (a) while he/she is at work for the Company, after he/she has completed his probationary period as set out in Appendix B Section 15.02; (b) absent due to layoff, sickness or accident; (c) during any absence due to written leave of absence. 15.05 An employee who does not qualify to accumulate seniority under Section 15.04 shall maintain his existing seniority unless and until he/she loses same pursuant to Section 15.03. 15.06 Committee members and Union Stewards will supersede same 12.01 The Company recognizes be issued an up-to-date seniority list on a monthly basis. A copy shall be posted on the principle plant bulletin board for inspection. An additional list given to the Union every three months shall contain the employee’s classification and rate of senioritypay, the most current address and phone number on file with the Company, probationary employees and also students shall be shown on the list. Seniority will govern subject as referred to reasonable consideration in this Agreement shall mean service in the employ of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period Company and shall be effective from on a plant wide basis. 15.07 Any employee who is transferred to a position outside the bargaining unit after the date of employmentthis Agreement, who is later transferred back, within a three (3) month period, shall only be able to return as a 15.08 In case of an emergency such as breakdown of machinery, power failure, failure of raw material supply, Acts of God, or temporary lack of orders, the Company may lay off any employee for a temporary period of up to one (1) week in duration without regard to the seniority provisions of this Agreement. Any violation of this section by the Company or the Union shall be subject to the Grievance Procedure. (a) Seniority will be applied on All vacancies in a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job department for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts positions for more than one (1) weekmonth's duration shall be offered initially by seniority to employees in the same classification and department as where the vacancy occurs. Any such remaining vacancies, otherwise which cannot be filled in this manner and newly created positions, shall be posted for three (3) working days on the district will bulletin board supplied for the Union's purpose. Any employee desiring the position posted shall make application to management within three (3) working days after the first posting of the said notice. Such vacancies shall be the unit of application of seniority on seasonal layoffs.filled in accordance with Section (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior Employees who desire to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply the classification of labourer or production helper will notify the Human Resource Manager of their desire in writing within the five (5) day periodwriting. All jobs A copy of this notification will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded provided to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantPlant Chairperson. (c) A In the event of a temporary job that becomes vacant because the incumbent has had vacancy which is expected to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave be in excess of absence not exceeding thirty (30) work days, shall due to illness, injury or other medical reasons, educational leave or leave under Article 22, such vacancy will be classified posted as a temporary job in the same manner as a permanent vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular jobaccordance with Article 15. 12.04 In case of layoff which is to exceed two (2) working days, 01. During the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than first twenty-four (24) months if requested in writing by of his absence the employee before will be reinstated to his job on his return to work and the elapse employee who has filled the temporary vacancy will return to his former job. In the event the absent employee becomes capable of twelve returning to his job subsequent to twenty-four (1224) full months or lay-off. 12.07 The Company agrees from the date of his absence, he/she will be reinstated to submit his job provided he/she has sufficient seniority to do so. Otherwise he/she will be reinstated to a position in accordance with Article 15.01. Should the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each absent employee with leave the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In , such casesas resigns, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classificationretires or passes away, the employee shall retain the rate of their previous temporary job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxxwill no longer be considered temporary and will be re-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherposted as a permanent position in accordance with Article 15.01. (a) An employee who has accrued seniority and is then employed by In the Union shall retain event of a layoff due to lack of work, the Company agrees to give four (4) working days' notice of such accrued seniority for layoff. In the event of a period not exceeding one layoff due to reasons other than lack of work, the Company agrees to give twenty-four (124) yearhours' notice of such layoff. (b) An employee who has accrued seniority and is employed by The Local 324 Plant Chairperson shall be granted Leave notified in advance of Absence from the Company. The employee will go back names of any employees slated for layoff and shall review the seniority list and the expected duration of same. 15.11 A list of the names of employees who are on layoff shall be posted on the bulletin boards and a copy given to the position they held prior to their leave upon returning from said leaveLocal Plant Chairperson. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. (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 in filling job vacancy, permanent transfer, lay off and recall after lay off, senior employees shall be entitled to preference. (b) In recognition, however, of the responsibility of the Management for the operation of the plant, it is understood and agreed that where in all cases referred to in 15.01 (a), Management shall have the right to pass over any employee if it considers that the employee does not have the ability and qualifications to perform the work within a basic training period of not less than three (3) working days worked but not more than seven (7) working days. A person who is the successful candidate for a job opportunity under this article XII is not eligible for another job opportunity until the employee has completed three (3) months of work in conflict with Appendix B their current position. Further, should any employee be the successful candidate to a job opportunity on three occasions in any calendar year, such employee will not be eligible for any further job opportunity in such calendar year. If an employee is not successful during the basic training period the attempt will not count as a successful posting. If the Company determines that it will pass over the employee during the first two months of work in the position, this period of work will not count as a successful posting for the purposes of this provision. The following classifications are exempted from basic training periods: maintenance department classifications; lead hands; truck drivers; welders; set up persons; press operators; and die correctors. If there is proven experience, it must have been obtained within the last five years. The Company agrees not to use this consideration in an unreasonable manner. Basic training periods shall be limited to two (2) per job on any occasion. On recall the trial period is to be two (2) working days. (c) In the event new employees are hired on the same date, seniority will be established based on alphabetical order of the Collective Agreementsurname. (d) In order for an employee to be eligible for a Basic Training period in the Press Operator classification, such employee must have successfully held the posted position as an Assistant Press Operator within the last five years. 15.02 The probationary period for all employees shall be six hundred (600) hours worked except for Maintenance employees and Die Correctors which shall be nine hundred (900) hours. All references to waiting periods in article 17 will now refer to successful completion of the probationary period. An employee's probationary employment and its termination shall not be subject to the grievance procedure. After the completion of the probationary period, seniority, in whole the case of all employees except maintenance employees and Die Correctors, shall date back to a date six hundred (600) hours worked and, for Maintenance employees and Die Correctors, to a date nine hundred (900) hours worked, prior to the date on which he completed his probationary period. Probationary employees as of January 28, 2006, continue under the provisions of the collective agreement which expired on January 11, 2006. Maintenance positions are not to include Welder or in partLabourer. 15.03 Seniority shall terminate when an employee: (a) quits for any reason; (b) is discharged and is not reinstated through the grievance procedure or arbitration; (c) has been on layoff for a continuous period of eighteen (18) months; (d) who has been on lay off for a continuous period of less than eighteen (18) months and who fails to notify the Company of his intention to return to work within three (3) working days after being notified by registered mail or by courier to the last address he has recorded with the Company, and unless he actually returns to work within five (5) working days after he has been so notified; (e) fails to return to work immediately after the terms and conditions expiration of a leave of absence. (f) fails to report for work when scheduled to do so on three (3) consecutive working days or more without notice to the Company unless such failure to notify is for a reasonable bona fide excuse acceptable to the Company. (g) retires 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 completed his probationary period as set out in Appendix B Section 15.02; (b) absent due to layoff, sickness or accident; (c) during any absence due to written leave of absence. 15.05 An employee who does not qualify to accumulate seniority under Section 15.04 shall maintain his existing seniority unless and until he loses same pursuant to Section 15.03. 15.06 Committee members and Union Stewards will supersede same 12.01 The Company recognizes be issued an up-to-date seniority list on a monthly basis. A copy shall be posted on the principle plant bulletin board for inspection. An additional list given to the Union every three months shall contain the employee’s classification and rate of senioritypay, the most current address and phone number on file with the Company, probationary employees and also students shall be shown on the list. Seniority will govern subject as referred to reasonable consideration in this Agreement shall mean service in the employ of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period Company and shall be effective from on a plant wide basis. 15.07 Any employee who is transferred to a position outside the bargaining unit after the date of employmentthis Agreement, who is later transferred back, within a three (3) month period, shall only be able to return as a new employee to any available vacancies within the bargaining unit. The return of such a person will not result in a layoff of a bargaining unit member. 15.08 In case of an emergency such as breakdown of machinery, power failure, failure of raw material supply, Acts of God, or temporary lack of orders, the Company may lay off any employee for a temporary period of up to one (1) week in duration without regard to the seniority provisions of this Agreement. Any violation of this section by the Company or the Union shall be subject to the Grievance Procedure. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job All vacancies for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts positions for more than one (1) weekmonth's duration, otherwise and newly created positions, shall be posted for three (3) working days on the district will bulletin board supplied for the Union's purpose. Any employee desiring the position posted shall make application to management within three (3) working days after the first posting of the said notice. Such vacancies shall be filled in accordance with Section 15.01. The Company may fill temporary vacancies without regard to Section 15.01 as long as the unit job of application the person so transferred is not performed by another employee having less seniority. It is understood that Section 15.01 does apply to transfers of seniority on seasonal layoffsmore than one (1) month's duration. The Company is not required to post the classification of labourer or production helper, however the Company agrees to maintain a standby list of interested personnel as per the provision which follows. (b) The Company, when filling vacancies, Employees who desire to be considered for the classification of labourer or production helper will do so from within notify the bargaining unit Human Resource Manager of their desire in accordance with Article XIIwriting. Notice A copy of impending vacancies this notification will be posted on provided to the camp bulletin board for at least five Plant Chairperson. (5a) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty and 15.01 (30b) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating other method of filling the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantvacancy. (c) A In the event of a temporary job that becomes vacant because the incumbent has had vacancy which is expected to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave be in excess of absence not exceeding thirty (30) work days, shall due to illness, injury or other medical reasons, educational leave or leave under Article 22, such vacancy will be classified posted as a temporary job in the same manner as a permanent vacancy and shall be filled according to in accordance with Article 15.01. During the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than first twenty-four (24) months if requested in writing by of his absence the employee before will be reinstated to his job on his return to work and the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees employee who has filled the temporary vacancy will return to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first considerationhis former job. In such casesthe event the absent employee becomes capable of returning to his job subsequent to twenty-four (24) months from the date of his absence, an employee shall receive the rate for the he will be reinstated to his job provided he has sufficient seniority to which the employee is transferreddo so. In case of a temporary change Otherwise he will be reinstated to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherposition in accordance with Article 15.01. (a) An employee who has accrued seniority and is then employed by In the Union shall retain event of a layoff due to lack of work, the Company agrees to give four (4) working days' notice of such accrued seniority for layoff. In the event of a period not exceeding one layoff due to reasons other than lack of work, the Company agrees to give twenty-four (124) yearhours' notice of such layoff. (b) An employee who has accrued seniority and is employed by The Local 324 Plant Chairperson shall be granted Leave notified in advance of Absence from the Company. The employee will go back names of any employees slated for layoff and shall review the seniority list and the expected duration of same. 15.11 A list of the names of employees who are on layoff shall be posted on the bulletin boards and a copy given to the position they held prior to their leave upon returning from said leaveLocal Plant Chairperson. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict During the first fifty-five shifts worked of his employment with Appendix B of the Collective AgreementCompany, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new an employee shall be considered as on probation and he shall not acquire any seniority rights until the completion of the said period. After completion of his probationary until they have worked thirty (30) days within a sixperiod an employee shall be credited with Company Seniority from the date he last commenced to work for the Com- pany except on lay-month periodoffs where he shall maintain, but not accumulate, seniority. Seniority of new employees an employee shall be established at the end of this period completely lost and shall be effective from the date of employment.employment deemed terminated if he: (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operationsquits, or a part thereofis discharged, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be is laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards off by the Company for a period in ex- cess of five (5) working days prior to any appointment to such jobseighteen months if the employee has one or more years of service or for the period of his service if he has less than one year of service, stating the normal job requirements. Employees shall not be considered or works for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled another employer while absent from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, his employment with the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a whether he is on official leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts or otherwise ex- cept when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of approves such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for other work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken In any case of reduction in working force (ex- cept lay-offs considered by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been to be tempo- rary only) the Company shall consider the following two factors to determine who is laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher.: (a) Company Seniority and, The skill and ability of the individual to immediately perform the job. Where the skill and ability of an individual to immediately perform the job concerned is relatively equal as between two or more employees, the em- ployee with the most seniority will be retained. Integ- rity and reputation will apply to certain jobs such as handling of gold. An employee who laid off can apply his seniority to displace laterally or downward another employee with less seniority provided he has accrued seniority the skill and ability rela- tively equal to that of the incumbent and is then employed by able to im- mediately perform the Union job concerned. Employees must exercise their seniority within seven calendar days of being informed of such dis- placement or they will be deemed to have made an elec- tion under If a lay-off occurs, an employee may elect to accept lay off status rather exercise his seniority to replace a less senior employee. Once having made this decision, he shall retain such accrued seniority be eligible for recall only on the job from which he was laid off. For a period not exceeding of eighteen months (where the employee has or more years of service) or for the of his service (where the employee has less than one (1year’s service) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The clay of lay-off for lack of work of any employee will go back he shall have the right to be re- called to work (but only whose occupants would be classified as employees and which are not of a tem- porary or an emergency nature) in accordance the following provisions: those most recently laid off within the qualify- ing periods outlined above shall, to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with extent of the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding number of workers at any one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained time required by the Company, provided that be sent notices by mail by the Company stating the jobs available and the pro- posed time of recall which shall not be less than ten calendar days the date of such mailing. Such notices shall mailed by regis- tered mail to each such person addressed to the last address which he shall have recorded with Company. The persons to whom such notice perform the job available be recalled in the in- verse order to that in which they were laid off. The Company shall not be required however to recall at any time any persons who have applied failed to be trained for are expected report in accordance with, and at the time stated in any such notice sent to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offshim.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. (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 in filling job vacancy, permanent transfer, lay off and recall after lay off, senior employees shall be entitled to preference. (b) In recognition, however, of the responsibility of the Management for the operation of the plant, it is understood and agreed that where in all cases referred to in 15.01 (a), Management shall have the right to pass over any employee if it considers that the employee does not have the ability and qualifications to perform the work within a basic training period of not less than three (3) working days worked but not more than seven (7) working days. A person who is the successful candidate for a job opportunity under this article XII is not eligible for another job opportunity until the employee has completed three (3) months of work in conflict with Appendix B their current position. Further, should any employee be the successful candidate to a job opportunity on three occasions in any calendar year, such employee will not be eligible for any further job opportunity in such calendar year. If an employee is not successful during the basic training period the attempt will not count as a successful posting. If the Company determines that it will pass over the employee during the first two months of work in the position, this period of work will not count as a successful posting for the purposes of this provision. The following classifications are exempted from basic training periods: maintenance department classifications; lead hands; truck drivers; welders; set up persons; press operators; and die correctors. If there is proven experience, it must have been obtained within the last five years. The Company agrees not to use this consideration in an unreasonable manner. Basic training periods shall be limited to two (2) per job on any occasion. On recall the trial period is to be two (2) working days. (c) In the event new employees are hired on the same date, seniority will be established based on alphabetical order of the Collective Agreementsurname. (d) In order for an employee to be eligible for a Basic Training period in the Press Operator classification, such employee must have successfully held the posted position as an Assistant Press Operator within the last five years. 15.02 The probationary period for all employees shall be six hundred (600) hours worked except for Maintenance employees and Die Correctors which shall be nine hundred (900) hours. All references to waiting periods in article 17 will now refer to successful completion of the probationary period. An employee's probationary employment and its termination shall not be subject to the grievance procedure. After the completion of the probationary period, seniority, in whole the case of all employees except maintenance employees and Die Correctors, shall date back to a date six hundred (600) hours worked and, for Maintenance employees and Die Correctors, to a date nine hundred (900) hours worked, prior to the date on which he completed his probationary period. Probationary employees as of January 28, 2006, continue under the provisions of the collective agreement which expired on January 11, 2006. Maintenance positions are not to include Welder or in partLabourer. 15.03 Seniority shall terminate when an employee: (a) quits for any reason; (b) is discharged and is not reinstated through the grievance procedure or arbitration; (c) has been on layoff for a continuous period of eighteen (18) months; (d) who has been on lay off for a continuous period of less than eighteen (18) months and who fails to notify the Company of his intention to return to work within three (3) working days after being notified by registered mail or by courier to the last address he has recorded with the Company, and unless he actually returns to work within five (5) working days after he has been so notified; (e) fails to return to work immediately after the terms and conditions expiration of a leave of absence. (f) fails to report for work when scheduled to do so on three (3) consecutive working days or more without notice to the Company unless such failure to notify is for a reasonable bona fide excuse acceptable to the Company. 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 completed his probationary period as set out in Appendix B Section 15.02; (b) absent due to layoff, sickness or accident; (c) during any absence due to written leave of absence. 15.05 An employee who does not qualify to accumulate seniority under Section 15.04 shall maintain his existing seniority unless and until he loses same pursuant to Section 15.03. 15.06 Committee members and Union Stewards will supersede same 12.01 The Company recognizes be issued an up-to-date seniority list on a monthly basis. A copy shall be posted on the principle plant bulletin board for inspection. An additional list given to the Union every three months shall contain the employee’s classification and rate of senioritypay, the most current address and phone number on file with the Company, probationary employees and also students shall be shown on the list. Seniority will govern subject as referred to reasonable consideration in this Agreement shall mean service in the employ of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period Company and shall be effective from on a plant wide basis. 15.07 Any employee who is transferred to a position outside the bargaining unit after the date of employmentthis Agreement, who is later transferred back, within a three (3) month period, shall only be able to return as a new employee to any available vacancies within the bargaining unit. The return of such a person will not result in a layoff of a bargaining unit member. 15.08 In case of an emergency such as breakdown of machinery, power failure, failure of raw material supply, Acts of God, or temporary lack of orders, the Company may lay off any employee for a temporary period of up to one (1) week in duration without regard to the seniority provisions of this Agreement. Any violation of this section by the Company or the Union shall be subject to the Grievance Procedure. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job All vacancies for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts positions for more than one (1) weekmonth's duration, otherwise and newly created positions, shall be posted for three (3) working days on the district will bulletin board supplied for the Union's purpose. Any employee desiring the position posted shall make application to management within three (3) working days after the first posting of the said notice. Such vacancies shall be filled in accordance with Section 15.01. The Company may fill temporary vacancies without regard to Section 15.01 as long as the unit job of application the person so transferred is not performed by another employee having less seniority. It is understood that Section 15.01 does apply to transfers of seniority on seasonal layoffsmore than one (1) month's duration. The Company is not required to post the classification of labourer or production helper, however the Company agrees to maintain a standby list of interested personnel as per the provision which follows. (b) The Company, when filling vacancies, Employees who desire to be considered for the classification of labourer or production helper will do so from within notify the bargaining unit Human Resource Manager of their desire in accordance with Article XIIwriting. Notice A copy of impending vacancies this notification will be posted on provided to the camp bulletin board for at least five Plant Chairperson. (5a) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty and 15.01 (30b) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating other method of filling the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantvacancy. (c) A In the event of a temporary job that becomes vacant because the incumbent has had vacancy which is expected to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave be in excess of absence not exceeding thirty (30) work days, shall due to illness, injury or other medical reasons, educational leave or leave under Article 22, such vacancy will be classified posted as a temporary job in the same manner as a permanent vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular jobaccordance with Article 15. 12.04 In case of layoff which is to exceed two (2) working days, 01. During the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than first twenty-four (24) months if requested in writing by of his absence the employee before will be reinstated to his job on his return to work and the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees employee who has filled the temporary vacancy will return to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first considerationhis former job. In such casesthe event the absent employee becomes capable of returning to his job subsequent to twenty-four (24) months from the date of his absence, an employee shall receive the rate for the he will be reinstated to his job provided he has sufficient seniority to which the employee is transferreddo so. In case of a temporary change Otherwise he will be reinstated to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherposition in accordance with Article 15.01. (a) An employee who has accrued seniority and is then employed by In the Union shall retain event of a layoff due to lack of work, the Company agrees to give four (4) working days' notice of such accrued seniority for layoff. In the event of a period not exceeding one layoff due to reasons other than lack of work, the Company agrees to give twenty-four (124) yearhours' notice of such layoff. (b) An employee who has accrued seniority and is employed by The Local 324 Plant Chairperson shall be granted Leave notified in advance of Absence from the Company. The employee will go back names of any employees slated for layoff and shall review the seniority list and the expected duration of same. 15.11 A list of the names of employees who are on layoff shall be posted on the bulletin boards and a copy given to the position they held prior to their leave upon returning from said leaveLocal Plant Chairperson. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. It 6.01 Seniority is understood defined as length of service from the employee’s date of hire and agreed that shall be applied on a bargaining unit wide basis. 6.02 In cases where article XII is in conflict employees were hired on the same day, their seniority shall be determined by utilizing the last three (3) digits of their social insurance number with Appendix B the lowest number(s) being placed on the seniority list ahead of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offhigher number(s). 12.02 Employment 6.03 Date of any new hire means the first day that the employee commences continuous employment in the bargaining unit. That day is the first day for which an employee is credited with time worked for pay purposes and time spent in training shall be considered as probationary until they have worked thirty (30) days within time worked. 6.04 An employee who was hired to fill a six-month period. Seniority of new employees shall be established temporary vacancy and subsequently accepts permanent employment during, or at the end of, the term of this period and their temporary vacancy shall be effective from the have their seniority date determined by their date of employmenthire into the temporary vacancy. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. 6.05 The Company will provide the Union Grievance Committee, prior shall maintain an up to the intended layoff, with a date seniority list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies which will be posted on the camp Union bulletin board and a copy sent to the Union semi-annually. 6.06 The seniority list shall be posted and kept open for requests for corrections up to and including June 21st of each year. 6.07 It shall be the sole responsibility of each individual employee to examine the list and make written request to the Director, Human Resources and the Union for any correction during the posting period. 6.08 Notwithstanding the foregoing, the Union may request corrections to the seniority list at least five (5) working daystimes other than the stipulated period. It is Such corrections, if mutually agreed howeverupon between the Union and the Company, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will become effective immediately and will be posted on incorporated in the bulletin boards by new list of the Company subsequent year and the employee(s) will be so advised in writing. 6.9 Seniority shall be retained and accrued during: (a) sickness or accident to a maximum of eighteen (18) months; (b) authorized leave of absence to a maximum of six (6) months; (c) absence due to layoff for a period equivalent to employee’s seniority at time of layoff to a maximum of eighteen (18) months; (d) suspension without pay; and (e) strike or lockout. 6.10 An employee shall lose seniority, and their employment shall cease, and their name shall be removed from the seniority list for any of the following reasons: (a) when resigning from the Company; (b) when discharged and the employee is not reinstated pursuant to the provisions of the grievance and arbitration procedures; (c) absent from work for three (3) days without justification; (d) when laid off for a period of five eighteen (518) working days prior to any appointment to such jobs, stating consecutive months; and (e) when employee is absent for reasons other than those declared and agreed upon for the normal job requirements. Employees shall not be considered for such jobs, unless they apply leave in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of question. 6.11 If an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change appointed to a lower job classificationposition outside the Bargaining Unit, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back accumulated up to the position they held prior date of leaving the unit, but will not accumulate further seniority. Such employee shall have the right to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred return to a position vacancy in the Bargaining Unit consistent with their seniority accumulated up to the Company date of appointment outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Companyunit, provided that the jobs they have applied to be trained for are expected to last for a period of appointment does not exceed three (3) months or more. It is understood this does not apply to seasonal lay- offsmonths.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs layoffs and recalls after lay- off. 12.02 layoffs. The present seniority list is frozen as of July and in future date of hire shall be the basis of calculating seniority. A" employee who is on leave of absence on Union business shall accrue seniority while on such leave of absence. A" employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding eleven months. Employment of any new employee shall be considered as probationary until they have he has worked thirty (30) days within a six-six month period. Seniority of new employees Thereafter Article shall apply, and the employee shall be established at credited with thirty days of accrued seniority. Subject to the end memorandum of this period and shall be effective from the date of employment. (a) Seniority understanding senior- ity will be applied on a Company company-wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so employ- ees affected will be permitted to exercise their his seniority and transfer to a job for which they are he is qualified, provided that, having received advance notice in accordance with section 12.04, the employee Section he advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their his desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Companycompany-wide seniority will be applied only when operations continue in other districts camps for more than one (1) week, otherwise the district camp will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another another, senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee he is transferred. In I" case of a temporary change to a lower job classification, the employee shall retain the rate of their his previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for the Xxxxxx-Xxxxxx (Tree Xxxxxx, Length Skidding) Skidding shall apply, or the rate of the job classification, classifi- cation whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union . Employees accepting a job posting shall retain such accrued seniority remain in that job for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave minimum of Absence three months from the Companydate he filled the job vacancy unless being displaced from that job because of or bumping procedure. The employee Company, filling vacancies, will go back to the position they held prior to their leave upon returning do so from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside within the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.Article

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. It 18.01 Seniority shall be based on length of service with the Company, and shall be on a classification basis. 18.02 When the Company increases or decreases the working force, seniority shall be the governing factor in layoffs and rehiring, providing the senior man is understood and agreed able to perform the job on hand. 18.03 The Company shall have the right to temporarily retain employees out of seniority if at the time of laying off, the employee junior to those being laid off is engaged in a specific, short-term job not to exceed three (3) weeks, without approval from the Union. 18.04 The Union office will be advised of anticipated layoffs as soon as the information becomes available. 18.05 The Company agrees that where article XII is in conflict with Appendix B the Shop Xxxxxxx or the Union will be advised of the Collective Agreementorder of layoff, in whole twenty-four (24) hours prior to said layoff, when possible under normal circumstances. 18.06 The Company shall prepare seniority lists from their records and where a doubt exists regarding an employee's original hiring date or in partlength of service, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offrecords shall be deemed correct. 12.02 Employment of any new 18.07 No employee shall be considered as probationary attain seniority standing until they have worked having completed thirty (30) days days' work within a six-six (6) month period. Seniority period of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will hiring. Upon completion, the new employee's seniority date shall be applied on a Company wide basis in recallshis first hiring date, promotions, transfers from camp to camp and layoffs. When layoffs are required due added to the completion of seasonal operations, or a part thereof, each bottom of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualifiedlist. Employees who have not attained seniority, provided that, having received advance notice in accordance ie: with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will days' work, shall not be posted on subject to the bulletin boards by the Company seniority provision of this Agreement. 18.08 When employees are laid off due to lack of work, seniority shall be maintained for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working daysyears, providing work is not available. Any employee with seniority standing when recalled for work shall have the right to compare the length of work involved with his present employment, to decide on a by-pass. After passing the work call once, the Company will notify, in writing, employee shall lose their seniority standing if they do not come on the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said next call. The second notice to work, if used to terminate an employee’s seniority, may not be given until 30 calendar days has passed subsequent to the Union Grievance Committeedate in which the first notice was given and if and when rehired, such worker shall be treated as a new employee. The Company (Sickness confirmed by a doctor will provide two weeks' notice not be counted as a by-pass). Loss of layoff seniority in these cases will be subject to review of the circumstances by the Parties to this Agreement with the power to re-establish the employee's seniority rights after consideration 18.09 Seniority of employees shall also be lost in the case of shutdowns due to market conditions or plant shutdowns. It following circumstances and any employee who has thus lost his seniority and who is understood however that this subsequently rehired shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingrehired as a new employee. (a) An employee's seniority shall Any employee who is discharged for cause and who is not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractorreinstated under the grievance procedure. (b) An employee's seniority shall Any employee who quits of his own accord. 18.10 Employees may be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from granted leave of absence on without affecting their seniority. Such leave of absence must be granted in advance, in writing, by the date specified unless they have been prevented from returning on time by circumstances beyond Foreman and an approved copy kept in the employee’s control and 's file in the Company has been so notifiedPersonnel Department, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list a copy sent to the Union by the first of May of each year thereafterUnion. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. It 6.01 Seniority is understood defined as length of service from the employee’s date of hire and agreed that shall be applied on a bargaining unit wide basis. 6.02 In cases where article XII is in conflict employees were hired on the same day, their seniority shall be determined by utilizing the last three (3) digits of their social insurance number with Appendix B the lowest number(s) being placed on the seniority list ahead of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offhigher number(s). 12.02 Employment 6.03 Date of any new hire means the first day that the employee commences continuous employment in the bargaining unit. That day is the first day for which an employee is credited with time worked for pay purposes and time spent in training shall be considered as probationary until they have worked thirty (30) days within time worked. 6.04 An employee who was hired to fill a six-month period. Seniority of new employees shall be established temporary vacancy and subsequently accepts permanent employment during, or at the end of, the term of this period and their temporary vacancy shall be effective from the have their seniority date determined by their date of employmenthire into the temporary vacancy. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. 6.05 The Company will provide the Union Grievance Committee, prior shall maintain an up to the intended layoff, with a date seniority list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies which will be posted on the camp Union bulletin board and a copy sent to the Union semi- annually. 6.06 The seniority list shall be posted and kept open for requests for corrections up to and including June 21st of each year. 6.07 It shall be the sole responsibility of each individual employee to examine the list and make written request to the Director, Human Resources and the Union for any correction during the posting period. 6.08 Notwithstanding the foregoing, the Union may request corrections to the seniority list at least five (5) working daystimes other than the stipulated period. It is Such corrections, if mutually agreed howeverupon between the Union and the Company, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will become effective immediately and will be posted on incorporated in the bulletin boards by new list of the Company subsequent year and the employee(s) will be so advised in writing. 6.9 Seniority shall be retained and accrued during: (a) sickness or accident to a maximum of eighteen (18) months; (b) authorized leave of absence to a maximum of six (6) months; (c) absence due to layoff for a period equivalent to employee’s seniority at time of layoff to a maximum of eighteen (18) months; (d) suspension without pay; and (e) strike or lockout. 6.10 An employee shall lose seniority, and their employment shall cease, and their name shall be removed from the seniority list for any of the following reasons: (a) when resigning from the Company; (b) when discharged and the employee is not reinstated pursuant to the provisions of the grievance and arbitration procedures; (c) absent from work for three (3) days without justification; (d) when laid off for a period of five eighteen (518) working days prior to any appointment to such jobs, stating consecutive months; and (e) when employee is absent for reasons other than those declared and agreed upon for the normal job requirements. Employees shall not be considered for such jobs, unless they apply leave in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of question. 6.11 If an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change appointed to a lower job classificationposition outside the Bargaining Unit, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back accumulated up to the position they held prior date of leaving the unit, but will not accumulate further seniority. Such employee shall have the right to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred return to a position vacancy in the Bargaining Unit consistent with their seniority accumulated up to the Company date of appointment outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Companyunit, provided that the jobs they have applied to be trained for are expected to last for a period of appointment does not exceed three (3) months or more. It is understood this does not apply to seasonal lay- offsmonths.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis The principle of seniority shall apply as set forth in recallsthis Article 10 in cases of promotion, promotionsdemotion, transfers from camp to camp transfer, lay off and layoffs. When layoffs are required due recall, in connection with jobs covered by this Contract, subject to the completion of seasonal operations, or a part thereof, each of ability to perform the employees so affected will work. There shall be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice no discrimination in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsapplying this provision. (b) The Company, when filling vacancies, will do so from within the bargaining unit When it is necessary to fill vacancies in accordance with Article XII. Notice of impending any department such vacancies will be posted on filled by conducting a poll, in order of seniority, of all employees classified in the camp bulletin board department who applied for at least five (5) working daysthe vacancies. It is agreed however, that temporary appointments may be made without posting for filling Upon completion of this polling process the resultant vacancies of less than thirty (30) calendar days duration. Newly created jobs will shall be posted on the bulletin boards by at the Company two plant entrances for a period of four (4) full working days. Employees applying for such vacancies must do so on the forms provided. The employee with the greatest plant seniority who applied for such vacancy shall be placed on the job providing he is qualified to perform the necessary requirements of the job. Employees wishing to withdraw their application for a vacancy must do so, in person, to the Human Resources Department before the posting period expires. When a vacancy is filled or when an employee bumps into a classification in which there is more than one shift schedule in operation the senior employees in that classification will have the right to select the shift schedule of their choice. Employees will be limited to qualifying for five (5) working days prior to any appointment to such jobs, stating the normal job requirementsvacancies per contract year. Employees This limitation shall not be considered for such jobs, unless they apply to bumping during reductions in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days force or to increases in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantforce. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a Temporary vacancies are vacancies caused by authorized leave of absence not exceeding thirty (30) work daysabsence, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the sickness, vacations, job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies period and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of layassignments which last thirty-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.one

Appears in 1 contract

Samples: Collective Bargaining Contract

SENIORITY. It is understood and agreed that where article XII is (A) Rights accruing to employees under their seniority entitles them to consideration for positions in conflict accordance with Appendix B their length of service with the Collective AgreementCarrier, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offhereinafter provided. 12.02 Employment of any new employee (B) An applicant for employment will be required to fill out and execute the Carrier's application forms and pass required physical and visual examinations, and his employment shall be considered as temporary until application is approved. Applications for employment will be disapproved within one hundred twenty (120) calendar days after date first service is performed, or applicant shall be considered accepted. *For the position of Signal Maintainer, this probation period may be extended by up to sixty (60) days. (C) In the event applicant gives false information, the Carrier will have the right to disapprove such application after the hundred twenty (120) calendar day probationary until they period* has expired if the information involved was of such a nature that the employee would not have worked thirty been hired if the Carrier had timely knowledge of it. (30D) days within a six-month period. Seniority of When new employees enter the service, if their work is satisfactory and application for employment is not declined within hundred twenty (120) calendar days*, their names shall then be established at listed on the end seniority roster with a seniority date as of this period and shall be effective from the date of employment. (a) Seniority first paid service. Two or more employees entering the service in the same rank on the same date will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted shown on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants roster on the basis of Section 12.01 the higher of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure last four digits of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefitsSocial Security number. In the event there those numbers are no successful biddersidentical, the junior employee in higher of the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded next digit to the Union office. Once left within the successful applicant has been appointed, Social Security number will determine the Company will forward to the Union a list of all applicants and identify the successful applicantorder. (cE) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt keep the Carrier advised of such notice their current address and report for work on the date specified, unless other arrangements have been made, in writingwhere applicable their current telephone number. (aF) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall Except as otherwise provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, seniority rights of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall these rules may be prepared and posted monthly exercised only in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classificationvacancies, the employee shall retain the rate new positions, reduction of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherforces. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency efficiency, and ability, in promotions, transfers, lay lay- offs and recalls after lay- offlay-offs. 12.02 Employment of any new employee shall be considered as probationary until they have he has worked thirty ninety (3090) days within in one period of employment. A layoff in excess of twelve (12) months will cause a six-month period. Seniority break in an employee’s period of employment and result in a new employees shall be established at the end of this period and shall be effective from the date of employmenthire being assigned. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice cases of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working daysoff, the Company will notify, in writing, writing the employees intended to be laid off, off and the Xxxxxxx at least two seven (27) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff or pay in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of Godlieu thereof. 12.05 (b) If as a result of a lay-off or for any other reason, it is necessary to transfer an employee from one job classification to another, senior employees will be given preference and, if such is required, the senior employee will be trained by the Company in order to meet the job requirements. An employee will be allowed five (5) working days in which to qualify or such other period as may be mutually agreed to. (c) When the approximate time date of recall is known or anticipated at the time of layofflay- off, employees leaving camp will be informed of such approximate date at that timeaccordingly. But in In all other cases notice in writing, writing will be sent made to an employee at their his given address by registered letter with a copy to the Union office, at least fourteen ten (14l0) working days before they are he is required to report for to work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, made in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 12.04 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall will receive the rate for of the job to which the employee he is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their his previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by 12.05 When a vacancy occurs, immediate notice thereof will be posted on the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last bulletin boards for a period of three five (35) months or moreworking days for which the Company may make a temporary appointment to such vacant job. It Tradesmen and Sawfilers would be exempt from applying for temporary posting. However, in case replacement is understood this does not apply to seasonal lay- offs.required for a vacancy of less than thirty

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. It is understood (a) In cases where performance, ability, and agreed that where article XII is qualifications are approximately equal, seniority shall be the deciding factor when decisions are made with regard to filling a posted position. The Director/Manager responsible for the posted position shall meet with all internal applicants in conflict with Appendix B person or by telephone prior to a decision being made. (b) Seniority shall not be considered in the assignment of work to casual hourly- rated nurses, or to full-time or part-time employees who ask to be considered for casual or temporary assignments, such as a leave replacement. (c) In the Collective Agreement, in whole or in partevent of a proposed layoff of any employee, the terms and conditions as set out in Appendix B Employer will supersede same 12.01 The Company recognizes give the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked Union thirty (30) days within a six-month periodcalendar days’ notice. Seniority At the meeting where notice to the Union is given, the Employer will provide the reasons causing the layoff, the expected duration of new the layoff, and the names of the employees affected by the layoff. The notice of layoff to the employee shall be established at in accordance with the end Employment Standards Act. A copy of this period the notice to the affected employees will be sent to the President of the Bargaining Unit and to the Labour Relations Officer. Layoffs shall be effective from made on the date basis of employmentthe seniority list provided that nurses who are entitled to remain on the basis of seniority are qualified to do the work which is available. Nurses will be recalled in the reverse order to which they were laid off, provided, however, they are qualified to do the work in the job openings then available. 5.2 In the event that the Employer shall merge, amalgamate or combine any of its operations or functions with another Public Body, the Employer will use its best efforts to ensure retention of all seniority rights of its employees with the successor employer. (a) Seniority For all provisions of this Agreement, seniority shall commence and accumulate from the nurse’s last date of hire by the Employer. A nurse’s seniority date shall not pre-date their hire date for the purposes of job posting, vacation selection, and layoff. Nurses will be applied on a Company wide basis in recallsgrandparented at their current seniority date effective as at September 21, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs2017. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will A seniority list showing each nurse’s name and professional category shall be posted on by February 1st of each year. At the camp bulletin board time of posting, a copy shall also be forwarded to the Bargaining Unit President or their designate. The seniority list may include probationary employees for at least five (5) working daysinformation purposes only. It Seniority date for all nurses is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants calculated on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further straight time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicanthours paid. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, nurse’s full seniority and service shall be classified as a temporary vacancy and shall be filled according to retained by the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In nurse in the event that a vacancy the nurse is not filled transferred from within full-time to part-time or casual hourly-rated and the camp unit it nurse shall receive credit for their full seniority and service on the basis of fifteen hundred (1500) hours service. A nurse whose status is changed from casual hourly-rated to part-time or full-time, or part-time to full- time, as may be the case, shall receive credit for their full seniority and service on the basis of one (1) year of seniority or service for each fifteen hundred (1500) hours paid. Any time worked in excess of an equivalent shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known pro rated at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingtransfer. (ad) An employee's A newly employed nurse shall be considered a probationary nurse until the nurse has completed four hundred fifty-five (455) hours of work, after which their name shall be placed on the seniority list, and their seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return date from leave of absence on the date specified unless they have been prevented from returning on time of their employment. Probation may be extended by circumstances beyond mutual agreement of the employee’s control Union and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-offEmployer. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. It is understood (a) Seniority for full-time Nurses shall commence and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective accumulate from the date of employment. Seniority for regular part-time Nurses shall accumulate on the basis of the number of paid days in each calendar year. i) In the event a full-time Employee transfers to part-time status, her seniority will be maintained and accumulated on the basis of one (a1) year of full-time service equalling eighteen hundred and twenty (1,820) paid hours in service with the Employer. ii) In the event a full-time or part-time Employee transfers to casual status, her seniority shall be maintained on the basis of one (1) year of full-time service equalling eighteen hundred and twenty (1,820) paid hours in service with the Employer for purposes as defined at Article 5.1(a)(iv) below. iii) In the event a part-time or casual Employee obtains a full-time position, her seniority will be maintained on the basis of eighteen hundred and twenty (1,820) paid hours in service with the Employer equalling one (1) year of full-time service. iv) Seniority will be applied shall accumulate for casual Employees on a Company wide the basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given noticehours worked. It is understood and agreed that when layoffs are occasioned by seniority for casual Employees shall only be recognized for purposes of job postings. The casual Employee seniority ranking shall appear on the completion seniority list with a notation indicating “ for purposes of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsjob posting only”. (b) The CompanyA seniority list showing each Nurse's name and professional category shall be posted in February on one bulletin board in each office and shall be revised yearly. For part-time Nurses only, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies seniority on such lists will be posted on expressed in terms of total hours worked. Complaints concerning the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies accuracy of less than thirty (30) calendar days duration. Newly created jobs such list will be posted on the bulletin boards by the Company for a period considered within twenty (20) worked days of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for posting and if no complaint is received within that time such jobs, unless they apply in writing within the five (5) day period. All jobs list will be filled from among the qualified applicants on the basis presumed to be accurate. A copy of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor such list will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded sent to the Union office. Once Bargaining Unit President at the successful applicant has been appointed, the Company will forward to the Union a list time of all applicants and identify the successful applicantposting. (c) A job that becomes vacant because Seniority dates on the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave above list will determine the effective date of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary naturesalary increments. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of layRegular part-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp Nurses will be informed of such approximate date at that time. But in all cases notice in writing, will be sent entitled to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. increment within the salary schedule for each eighteen hundred and twenty (b1,820) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave paid hours in the service of Absence from the Company. The employee will go back to Employer, being the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding equivalent of one (1) yearyear of service. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees (d) A newly employed full-time Nurse shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for considered a period of probationary Nurse until she has completed three (3) months or moreof continuous service. It is understood this does not apply to seasonal lay- offsA newly hired part-time nurse shall be considered a probationary nurse until she has completed four hundred and twenty (420) hours. After which the full-time and/or the part-time nurse shall be placed on the seniority list with full seniority.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. It is understood 1. Seniority shall be defined as: a. Total years of service to the School District in positions recognized and agreed that where article XII is in conflict with Appendix B defined as part of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offbargaining unit. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) b. All other things, certification, and days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from employed, being equal, then the date of employment. (a) Seniority the initial employment contract with the School District shall prevail. If the date of initial employment is the same, all Teachers so affected will be applied participate in a drawing to determine placement on a Company wide basis in recalls, promotions, transfers from camp to camp the seniority list. The Association and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees Teachers so affected will be permitted notified in writing of the date, place and time of the drawing. The drawing shall be conducted openly and at a time and place that will reasonably allow affected Teachers and Association representatives to exercise their be in attendance. The seniority list shall be posted in each building, with copies furnished to the Association at least ten (10) working days prior to November 20 and transfer February 10. It shall be the responsibility of each Teacher to promptly check the seniority list. If a job for which they are qualifiedTeacher or the Association does not believe that a Teacher's seniority, provided thatcertification, having received advance notice in accordance with section 12.04or endorsement is correctly shown on the list, the employee advises the CompanySuperintendent shall be notified, prior to the effective date in writing, of the advance notice alleged error no later than ten (10) working days after November 20 and in writing on forms February 10, respectively. If no challenges are made within the allowed period, the seniority list shall be deemed to be supplied accurate and the Board shall incur no liability (including back pay) for relying on such list. If the posted list is challenged, the Association will be notified by the Company, Superintendent of their desire to transfer or to be laid offsaid challenges. The Company parties will provide the Union Grievance Committee, prior meet to the intended layoff, with produce a corrected accurate list. The corrected list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of within five (5) working days prior to any appointment to such jobs, stating after the normal job requirementsrespective challenge period. Employees shall not be considered for such jobs, unless they apply When said corrected listing is approved in writing within by the five Association, then the seniority list shall be deemed to be accurate, and the Board shall incur no liability (5including back pay) day periodfor relying on such list. All jobs will Accurate seniority lists shall be filled from among the qualified applicants on the basis frozen until November 20 and February 10, respectively. Updating of Section 12.01 of this Agreement. Employees accepting the posted jobs endorsement shall be allowed five (5) work days in which to qualifyonly during the seniority list challenge period. However, (or for notification purposes only, a further time as Teacher may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In inform the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notifySuperintendent, in writing, of a change in certification (accompanied by proper documentation) at any time. Teachers who are on leave during this time will be notified of their placement on the employees intended seniority list by certified mail sent to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdownstheir last known mailing address. It is understood however that this the responsibility of the Teacher to inform the school of his/her address or any change of address. 2. Seniority shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by accumulate during a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from Board approved unpaid leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control absence, except Voluntary Leaves (see provision for Voluntary Leave – Article VII(12)(d)); Military Leaves (see Article VII(12)(f.ii.); and the Company has been so notified, Family and if they have been laid off for twelve Medical Leave Act (12FMLA) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-offLeaves. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Master Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict During the first fifty-five shifts worked of his employment with Appendix B of the Collective AgreementCompany, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new an employee shall be considered as on probation and he shall not acquire any seniority rights until the completion of the said period. After completion of his probationary until they have worked thirty (30) days within a sixperiod an employee shall be credited with Company Seniority from the date he last commenced to work for the Company except on lay-month periodoffs where he shall maintain, but not accumulate, seniority. Seniority of new employees an employee shall be established at the end of this period completely lost and shall be effective from the date of employment.employment deemed terminated if he: (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operationsquits, or a part thereofis discharged, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be is laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards off by the Company for a period in excess of five (5) working days prior to any appointment to such jobsone year if the employee has one or more years of service or for the period of his service if he has less than one year of service, stating the normal job requirements. Employees shall not be considered works for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled another employer while absent from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, his employment with the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a whether he is on official leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to or otherwise except when the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the campCompany approves such other work. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any case of the reasons set forth above provided however, that the job is still reduction in effect and it is not filled by a senior employee who for reasons of notice of working force (except lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, offs considered by the Company will notify, in writing, the employees intended to be temporary only) the Company shall consider the factors to determine who is laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing.: (a) An employee's seniority shall not be broken by sickness Company Seniority and, The Skill and Ability of the individual to im- mediately perform the job. Where the skill and ability of an individual to immediate- ly perform the job concerned is relatively equal as between two or injury certified by a licensed physicianmore employees, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification most seniority will be retained. Integrity and reputa- tion will apply to another senior employees shall receive first consideration. In certain jobs such cases, an employee shall receive the rate for the job to which the employee is transferred. In case as handling of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is highergold. (a) An employee who laid off can apply his seniority to displace laterally or downward another employee with less senior- ity provided he has accrued seniority the skill and ability relatively equal to that of the incumbent and is then employed able to immediately perform the job concerned. Employees must exercise their seniority within seven calendar days of being informed of such displacement or they will have deemed to have made an election under If a lay-off occurs, an employee may elect to accept lay off status rather than exercise his seniority to replace a less senior employee. Once having made this decision, he shall be eligible for recall only on the job from which he was laid off. For a period of one year (where the employee has one or more years of service) or for the period of his service (where the employee has less than one year’s service) from the day of lay-off for lack of work of any employee he shall have preferential rights for (but only for jobs whose occupants would be classified as employees and which are not of a temporary or an emergency nature) in accordance with the following provisions: those recently laid off within the qualifying periods outlined above shall, to the extent of the number of workers at any one time required by the Union Company, be sent notices by mail by the Company stating the jobs available and the proposed time of hiring which shall retain not be less than ten calendar days from the date of such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 mailing. Such notices shall be granted Leave of Absence from mailed by registered mail to each such person addressed to the last address which he shall have recorded with the Company. The employee will go back persons to whom such notices are sent and who report ready for work shall if they are qualified and physically able to fill the position job available be in the inverse order to that in which they held prior were laid off. The Company shall not be required however tore-hire at any time any persons who shall have failed to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority report for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 and at the time stated in any such notice sent to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they him. The seniority article of this Agreement shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offsthe selection or appointment for the job of Concentra- tor Leader and Concentrator Operator. JOB POSTING Where a permanent job vacancy occurs in other than the lowest classification in any Department it will be posted for four working days on the bulletin board providedfor that purpose. Only those applications submitted during the period of posting will be considered.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B 1. Seniority shall be recognized on a Company-wide basis within the jurisdictional area of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new Union covering all employees shall be established at the end of this period and shall be effective from the date of employmentemployment and shall prevail in reference to vacations, transfers, layoffs, rehiring and promotions as set forth below. (a) 2. Seniority will shall be applied on a Company wide basis used covering these issues and shall apply in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due each instance separately as to the completion Meat Wrapper classification (includes Meat Clerks) and the Meat Cutter classification (Journeyman Meat Cutters and Apprentice Meat Cutters). 1. With respect to General Merchandise Clerks (including prior Bakery, Health and Beauty Aids and Household Hardware Clerks), when a permanent job is available for work to be performed in Food, any General Merchandise employees in the store shall be considered candidates. If a General Merchandise Clerk is selected Wrappers/Meat Clerks desirous of seasonal operationspromotion to Apprentice Meat Cutter status shall make their desires known to the Employer, or a part thereofin writing, each and such employee shall be given first consideration for such vacancies. Selection to fill the vacancies shall be made on the basis of Company seniority within the geographical jurisdiction of the employees so affected will be permitted to exercise their seniority Local Union, ability and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working daysqualifications being relatively equal. It is agreed howeverand expected that the parties will exert every effort to accomplish the foregoing within the one hundred and twenty (120) day allotted period, that temporary appointments may but failing to do so, shall not prohibit or in any way impede the Employer from installing or effectuating any such new methods, systems, or equipment upon the expiration of the allotted one hundred and twenty (120) day time period, unless such period is extended by mutual written agreement. The decision of the arbitrator shall be made without posting for filling vacancies effective on or retroactive to the date such new method is installed. The cost of less than thirty (30) calendar days duration. Newly created jobs will the impartial factfinder and/or arbitrator shall be posted on the bulletin boards borne equally by the Company for a period parties. The provisions of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 Article 12 of this Agreement. Employees accepting the posted jobs Agreement shall in no way affect or be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded applicable to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons procedures set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular jobSection. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Retail Food, Meat, Bakery, Candy and General Merchandise Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes shall establish seniority lists based on the principle most recent date of seniorityhire. Copies of such lists shall be brought up to date and posted on the plant bulletin board at six (6) month intervals. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offshall be accumulated on a plant wide basis. 12.02 Employment of any new An employee shall will be considered as probationary on probation and will not be placed on the seniority list until they have he has been in the employ of the Company and has actually worked thirty for ninety (3090) working days within a six-six month period. Seniority After completion of new employees shall said probationary period, the seniority of the employee concerned will be established at back-dated to the end first day worked in said probationary period (“start date”) and the employee’s name will be placed on the seniority list. 12.03 In all cases of this period and shall an increase or decrease in the working force the following factors will be effective from the date of employment.considered: (a) Seniority Length of service; (b) Skill and ability to perform the work; skill and ability to perform the work may include, prior experience and training in the type of job to be filled. Assessment of skill and ability shall be the responsibility of the employer and shall be exercised in a reasonable fashion. Where the qualifications if factor (b) are relatively equal, factor (a) shall govern. It is understood that probationary employees shall be the first to be laid off and the last to be recalled. 12.04 Promotions to supervisory positions shall not be subject to the provisions of this Agreement. 12.05 An employee will lose all his seniority if he: (a) Voluntarily leaves the employ of the Company; (b) Is discharged and is not reinstated pursuant to the provisions of this Agreement. (c) He has been laid off and fails to return to work or to furnish a reason satisfactory to the Company for not so doing within seven (7) working days after the notice to return to work is given to him by the Company by registered mail to his last address on file with the Company or otherwise, or if he overstays a leave of absence without providing a satisfactory reason for so doing. 12.06 Employees laid off shall be retained on the seniority lists for a period of two (2) years and will be applied on a Company wide basis in recalls, promotions, transfers from camp subject to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice recall in accordance with section 12.04the provisions of this Agreement. 12.07 It shall be the duty of every employee to notify the Company promptly of any change of address and any notice sent by the Company by registered mail to an employee at his last address as recorded in the records of the Company shall be sufficient and effective notice. 12.08 An employee’s seniority shall continue to accumulate during a period of illness or injury not exceeding two (2) years, provided no outside employment is indulged in. The Company shall have the right to require a doctor’s certificate from time to time during a period of illness or injury, including prior to a return to work. The Company shall reimburse the employee for the cost of medical certificates that it requires under this Article, up to a maximum of $50 per certificate, provided that the certificate identifies at least the following information: (a) if the employee continues to be absent, what it is about the employee’s work that s/he is unable to perform; (b) if the employee is ready to return to work, the employee advises employee’s restrictions, if any; and (c) the Companyprognosis for recovery, prior either in terms of a return to the effective date of the advance notice and in writing on forms work or a return to be supplied by the Company, of their desire to transfer or to be laid off. full duties. 12.09 The Company will provide the Union Grievance Committee, prior to the intended layoff, Office with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notifiednames, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared , classifications and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate rates of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, on or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority about November 1 and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) May 1 each year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence 12.10 All hourly employees are subject to mandatory retirement at age 65 from the Company. The company, unless employee will go back to is continued at the position they held prior to their leave upon returning from said leavesole discretion of management. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Agreement (Span America Medical Systems Inc)

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern govern, subject to reasonable consideration of skill, efficiency and ability, ability in promotions, transfers, lay offs layoffs and recalls after lay- offlayoffs. Time off due to sickness or accident must be certified by a licensed physician, licensed dentist or licensed chiropractor. An employee who is on authorized leave of absence on Union business shall retain seniority while on such leave of absence. An employee who has established seniority and is then employed by the Union shall retain such seniority for a period not exceeding eleven (11) months. 12.02 Employment of any new employee shall be considered as probationary until they have he has worked thirty (30) days within a six-six month period. Seniority of new employees Thereafter Article 12.01 shall apply, and the employee shall be established at placed on the end Seniority List in order of this period and shall be effective from the date of employmenthire. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected employee will be permitted to exercise their seniority and transfer to a job to which his seniority and qualifications entitle him. If no jobs are available he will be permitted to replace an employee with less seniority on a job for which they are qualifiedhe is qualified provided: (i) The jobs will continue in other districts for fourteen (14) days or more, provided that, and (ii) The employee having received advance notice in accordance with section 12.04, the employee Section 12.04 advises the Company, Company prior to the effective date day of the advance notice and in writing on forms to be supplied by the Company, Company of their his desire to transfer or to be laid off. The When layoffs are for less than fourteen (14) days seniority will be applied on a district basis. Prior to an intended layoff which is to last more than fourteen (14) days, the Company will provide the Camp Xxxxxxx with a copy to the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by the employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts having the lowest seniority on jobs which will continue for fourteen (14) days or more than one (1) week, otherwise the district will and which are similar to those being terminated. The number of employees listed in each job classification shall be the unit of application of seniority on seasonal layoffssame as the number being laid off in the same classification. (b) In transfers from one job classification to another, senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which he is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of his previous job classification. (c) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.five

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B The length of continuous service of the Collective Agreementemployee in the bargaining unit shall determine the seniority of the employee. The principle of seniority shall govern and control in all cases of transfer, decrease, or increase of the working force, as well as preference in whole or in partassignment to shift work and choice of vacation period. In all cases of promotion within the bargaining unit, the terms Employer shall give preference to employees who have greater qualifications and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes ability to perform the principle required work, but when such qualifications and ability are equal, the Employer shall give preference on the basis of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee Announcements shall be considered as probationary until they have worked thirty (30) days within a six-month periodposted in conspicuous places where employees enter or leave the premises. Seniority Parties to this Agreement, both of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments whom may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on use the bulletin boards for notices of routine nature, agree that it would be improper to post denunciatory or inflammatory written material on such bulletin boards. When a position covered by this Agreement becomes vacant, such vacancy shall be posted in a conspicuous place listing the Company pay, duties, and qualifications. This notice of vacancy shall remain posted for a period of five seven (57) working days prior to any appointment to such jobs, stating the normal job requirementsdays. Employees interested shall not be considered for such jobs, unless they apply in writing within the five seven (57) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of If an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify is the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or he/she shall be given a leave of absence not exceeding thirty (30) day trial and training period in the new position at the applicable rate of pay. If at the end of the trial and training period it is determined by the Employer that the employee is not qualified to perform the work days, he/she shall be classified as a temporary vacancy returned to his/her old position and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary naturerate. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not availableEffective July 1, spare operators will fill 2008, all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees new hires will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by serve a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a probationary period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.six

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B A. New employees will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary employees until they have worked thirty been employed continuously for ninety (3090) days within a six-month periodcalendar days. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the After completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04ninety (90) calendar days, the employee advises the Company, prior to the effective will be considered as a regular employee and his seniority will stand as of his last date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffshire. (b) The CompanyB. When an employee acquires seniority, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will his/her name shall be posted placed on the camp bulletin board for at least five (5) working daysseniority lists. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any Upon request of the reasons set forth above provided howeverUnion, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of layan up-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate to-date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared made available to all employees for their inspection. The seniority list shall be contained within the School District’s “bulletin” given to each employee. The list shall also be distributed to al employees by a satisfactory method each year or by mailing the current seniority list to each bargaining unit employee. C. In the event it is necessary to lay off employees, employees shall be laid off in reverse order of seniority by their classification provided that those remaining employees are capable or performing the duties necessary for the normal and posted monthly in each camp and forwarded to efficient operation of the Union office showing Employer. Employees with the same seniority date and posting/position held shall be laid off in alphabetical order, which would result in the lay off of each employee those employees whose surname begins with "A" first in their classification. Employees shall be returned from layoff in reverse order of the Companylayoff provisions. 12.09 In transfers from one job classification to another senior D. When there is a layoff, those employees shall receive first consideration. In such cases, an employee shall receive in the rate for bargaining unit who have been designated as the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 grievance representatives shall be granted Leave top job seniority for layoff and recall only provided they are capable of Absence from performing the Company. The employee will go back work, and provided further, such super-seniority is limited to the position they held prior to their leave upon returning from said leaveno more than two designated employees in this unit. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees E. Seniority shall be offered alternate employment in accordance with Section 12.01 to meet terminated for the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained following reasons: 1. Discharge for are expected to last for a period of three (3) months or morejust cause 2. It is understood this does not apply to seasonal lay- offs.Quit

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. It (a) The parties recognize that job opportunities and security shall increase in proportion to length of service. Therefore, it is agreed that in all cases of vacancy, promotion, layoff and re-hiring, senior employees shall be entitled to preference when qualifications as required by the Employer to perform the work are equal. (b) In recognition, however, of the responsibility of management for effective operation it is understood and agreed that where article XII is in conflict with Appendix B all such cases management shall have the right to pass over an employee if she does not have the ability to perform the work, subject to the right of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject employee to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employmentgrieve. (ac) Seniority Part-time and Casual Employees will be applied called for available shifts based on a Company wide basis in recallsseniority, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion recognizing continuity of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffscare. (bd) The CompanyRecognizing that job security shall increase in proportion to length of service and that it is the responsibility of management to maintain effective operations, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies following guidelines will be posted on the camp bulletin board for at least implemented during work shortages: (i) Work shortages of less than five (5) working days. It is agreed however, that temporary appointments may consecutive scheduled shifts expected duration will not be considered a layoff although every effort will be made without posting to find work, on a seniority basis, for filling vacancies these employees if requested. (ii) Work shortages of less than thirty five (305) calendar days duration. Newly created jobs or more consecutive scheduled shifts will be posted on considered a layoff. (e) An employee who is subject to layoff shall have the bulletin boards by right to. (i) accept layoff; or (ii) bump the Company for a period least senior employee in the same position first, then the same or lower job level providing they have the ability and qualifications to perform the normal duties of the job without training other than orientation. each instance, the senior employee will determine the order she/he wishes to bump. The decision of the employee to choose 12.01 (e) (i) or (ii) above shall be given in writing within five (5) working days prior to any appointment to such jobs, stating following the normal job requirementsnotification of layoff. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs failing to do so will be filled from among deemed to have accepted the qualified applicants on the basis of Section 12.01 of this Agreementlayoff. Employees accepting the posted jobs shall be allowed five (5) work days in which electing to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor bump will be awarded paid the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the applicable rate for the job to but will advance through the Schedule of Progressive Rates for the new job as though no change had occurred. An employee will lose these rights should they decline a comparable position for which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherthey are qualified and able. (af) An employee who has accrued seniority and is then employed by (i) Full-time employees will bump the Union shall retain such accrued seniority for a period not exceeding one (1) yearleast senior full-time or part- time employee. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Bargaining Agreement

AutoNDA by SimpleDocs

SENIORITY. It 14.01 Seniority date shall be based on the first day for which the employee is understood and agreed that where article XII is in conflict with Appendix B paid. 14.02 When two or more employees commence work on the same day (as per Article 14.01), the procedure for establishing their relative seniority shall be as follows: (a) the employee who commenced work at the earliest hour of the Collective Agreement, in whole or in part, day shall be senior; (b) all other things being equal they should be placed on the terms and conditions seniority list as set out in Appendix B will supersede same 12.01 The Company recognizes determined by the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offUnion. 12.02 Employment of any new employee 14.03 Seniority and all service benefits shall be considered as probationary until they have worked maintained and continue to accrue unless an employee: (a) resigns from the service of the Employer; (b) is discharged for just cause and is not reinstated; (c) is not recalled within a nine (9) month period from date of lay-off; (d) fails to report for two (2) regularly scheduled shifts within a six (6) month period without notifying the Employer unless the employee has good and sufficient cause for failing to report for duty; (i) regular scheduled shifts are understood to include scheduled shifts, approved transfer shifts and mutually agreed upon call-ins. (e) a casual employee who has been contacted by the Employer and has declined or been unavailable to work for a period of thirty (30) days. (f) appointment date will be adjusted forward for the lengths of all leaves greater than thirty (30) days within a six-month period. Seniority of new employees shall be established at granted under Article 8.03 (e) except those that are granted for education upgrading and training which provides instruction that is related to the end of this period and shall be effective from employee’s employment opportunities with the date of employmentEmployer or those that are granted for xxxxxx parenting. (ag) fails to maintain and / or obtain a gaming license as administered by the Saskatchewan Liquor and Gaming Authority. 14.04 Seniority will shall be applied administered on a Company bargaining unit wide basis unless otherwise specified in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or this Agreement. 14.05 The Employer shall prepare a part thereof, seniority list showing each of the employees so affected will be permitted to exercise their employee’s seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid offdate. The Company will provide the Union Grievance Committeelist shall be completely revised semi-annually in January and June, prior subject to the intended layoff, with a review. The list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will shall be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the Union bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before where they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writinglocated. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. It Seniority is understood and agreed that where article XII is in conflict determined by the length of service of an employee with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from since the date of most recent employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due subject to the completion of seasonal operationsfollowing provisions. In vacancies, or a part thereof, each of the layoffs and rehirings preference shall be given to employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises their length of service with the Company, prior providing the employee has the capability of satisfactorily performing thejob at the time thejob vacancy, layoff or recall occurs. If a question arises as to whether an employee can satisfactorily perform thejob, a "refresher" period with proper instruction of up to five (5) working days will be allowed for the effective date of the advance notice and in writing on forms employee to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given noticedemonstrate that can do thejob. It is understood and agreed that when layoffs are occasioned by an employee will not be trained for thejob to which may "bump" or to which may be recalled from layoff. Where, during a reduction in the completion of seasonal activitiesworkforce, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit a displaced employee is unable to in accordance with Article XII. Notice above, such employee shall exercise seniority to displace a less senior employee working on a similar machine type and receive a training period of impending vacancies will be posted on the camp bulletin board for at least up to five (5) working days. It If there is agreed howevernot a less senior employee working on a similar machine type, that temporary appointments may be made without posting for filling vacancies of such employee shall displace a less than senior employee in Manufacturing and receive training according to the following schedule: Job Classes up to five days Job Classes up to fifteen (1 5) working days Job Classes up to thirty (30) calendar working days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five Job Classes up to ninety (590) working days prior An employee who is unable to any appointment perform the work upon completion of training period may exercise seniority to displace the least senior employee in the "labour pool" or, if no "labour pool" exists, shall be placed on the lay-off list and be subject to recall. It is understood that Manufacturing personnel shall not displace trades and craft personnel, unless fully qualified; nor shall trades and craft personnel displace manufacturing personnel unless such jobs, stating displacement is the normal job requirementsresult of a reduction in the work force in the respective skilled trades area or is due to bona fide medical reasons. Employees It is understood that trades and craft personnel shall not be considered for temporary or permanent in Manufacturing unless such jobsbid results from a reduction in the work force in the respective skilled trades area or is due to bona fide medical reasons. Trades and craft personnel shall include Plant Electricians, unless they apply in writing within the five (5) day periodPlant Electricians Industrial Mechanics, Machinist-Millwrights, Pipefitter-Millwrights, Welder-Millwrights, and Lift Truck Mechanic; excluded are Repairmen, Lubricator Inspector and Roll Grinders. All jobs will be filled from among the qualified applicants on the basis When there occurs a breakdown of Section 12.01 equipment, or lack of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualifymaterials or other manufacturing irregularities, (or a further time as an employee may be mutually agreed, if further training sent home without regard to seniority for a definite period of time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least or a total of two (2) days within any one (1) month, to a maximum of ten (1 0) days per calendar year. Such procedure would be termed a temporary adjustment in the working days in advance, with a copy of such said notice force. If it becomes necessary for an operator or helper to leave the plant prior to the Union Grievance Committeeend of the the Company will provide work for either the Operator or the Helper, as the case may be, for the remainder of the shift. The Company will provide give an employee with three (3) years or more seniority, two weeks' (2) weeks notice of layoff layoff. All employees who have completed eighteen (1 8) months service will be given notice in accordance with the case of shutdowns Employment Standards Act. Any employee who is laid off due to market conditions or plant shutdowns. It is understood however that this lack of work, after the date hereof, shall not apply in cases lose earned seniority of full or partial cessation of operations due to weather or an act of God. 12.05 When service with the approximate time of recall is known at the time of layoff, employees leaving camp Company and shall accrue seniority rights during such absence from employment providing such absence from employment has not continued more than eighteen (18) months. An employee recalled from layoff will be informed guaranteed a minimum of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 of work. date of hire, at which time shall be granted Leave of Absence from the Companyconsidered a regular employee and be credited with previous service. The dismissal of a probationary employee will go back to shall not be the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to subject of a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees grievance. Seniority shall be offered alternate employment in accordance with Section 12.01 to meet lost for the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.following reasons:

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide branch basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected an employee will be permitted to exercise their seniority and transfer to considered on probation until he has worked for the Company for a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date total of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Companytwenty-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (525) working days. It His seniority shall then date back to the first date of hiring. In dealing with promotions and transfers to other jobs or transfers to other shifts, ability being sufficient, seniority shall be the governing factor. When it is agreed howevernecessary to lay-off employees, probationary employees will be laid-off first and then lay-off will be on the basis of seniority, providing the employees who remain are capable of handling the jobs that temporary appointments may are available. When recalling employees, they will be made without posting for filling vacancies recalled in the inverse order to which they were laid-off. Warehousemen temporarily replacing drivers will not interfere with the seniority of less than thirty (30) calendar days durationthe regular drivers' bids. Newly created jobs Drivers temporarily working in the warehouse will not interfere with the seniority of the regular warehouse bids. When a permanent vacancy occurs, such vacancy shall be posted on the bulletin boards by the Company board within twenty-four (24) hours and shall remain posted for a period of five (5) working days prior and eligible employees will have the right to any appointment bid for the position. Selections to such jobs, stating the normal job requirements. Employees positions shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants made on the basis of Section 12.01 of this Agreementseniority, providing the employee has the ability to do the job. If any employee is absent for any reason whatsoever, he shall be notified by mail regarding the job vacancy and permitted to write in his bid for the job vacancy. Employees accepting shall leave forwarding addresses when going on vacation. The successful applicant will be placed on the posted jobs job as soon as reasonably possible, but the Company will not be required to post any subsequent vacancies created thereby but rather will fill them with the longest seniority employees who are able and willing to perform them. Employees shall be allowed five granted leave of absence without pay and without An employee who wishes a leave of absence for legitimate personal reasons shall make such request in writing to his Warehouse Manager at least thirty (530) work days in which prior to qualify, (or the proposed commencement date of such leave of absence. The employee's request shall contain: a) His reasons for the proposed absence; The commencement date of the proposed leave of absence; The length of the proposed leave of absence. The Warehouse Manager's permission for a further time as may leave of absence shall not be mutually agreed, if further training time is required)unreasonably withheld. Failure Employees shall be granted a leave of an employee to qualify shall entitle them to return to their former job absence without pay and without loss of seniority up to twenty-four (24) months as an elected union official. Seniority will not be broken due to absence from employment because of sickness or benefitsaccident or other proven legitimate reasons. In A seniority list shall be placed on the event there are no successful bidders, the junior employee in the transition contractor bulletin boards and will be awarded revised by the postingcompany at least every three (3) months. The Company shall post notices in camps showing the names Copies of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary these lists will be forwarded to the Union officeUnion. Once An employee shall lose all seniority if he: a) Voluntarily quits the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any employ of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been Company; Is justifiably discharged; Is laid off for twelve (12) months or more, with the exception that continuity a period of service will extend up to, but not more than twenty-four (24) months months; or Fails to report for work within seven (7) calendar days of the sending by registered mail of notice to return to work following a layoff, except if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In has not received such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.notice;

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. It is understood and agreed 10.01 New Employees shall be regarded as probationary Employees until their names have been placed on the seniority list. There shall be no responsibility for the re- employment of probationary Employees if they are laid off or discharged during this period. New Employees shall serve a probationary period of sixty (60) days worked during which no seniority rights shall be earned by such Employee, except that where article XII is in conflict with Appendix B at the termination of such probationary period the Employee’s seniority service shall be calculated from initial date of hire. Company benefits will commence upon the completion of the Collective Agreement, in whole or in part, the terms and conditions probationary period (as set out in Appendix B will supersede same 12.01 per Article 15.01). The Company recognizes with the principle concurrence of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered the Union (as per Article 2.01) may extend the probationary until they have worked period by thirty (30) days within a six-month periodworked. Seniority of new employees shall Any such request will not be established at unreasonably denied by the end of this period and shall be effective from the date of employmentUnion. (a) Seniority As soon as reasonably possible after hiring, new Employees will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due introduced to the completion department Shop Xxxxxxx and Health and Safety Representative. b) In the event of seasonal operations, two (2) or more Employees having identical seniority the Department Shop Xxxxxxx will arrange and supervise a part thereof, each random draw between the Employees affected to determine their order of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid offseniority. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notifyadvised immediately, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy results of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in draw. 10.02 In cases of full or partial cessation increase and decrease of operations due to weather or an act force, seniority shall prevail. Shop Stewards will be given a list of Godthe Employees affected. 12.05 a) Classification - When the approximate time of recall is known at the time of layoffa lay-off becomes necessary, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required laid off as per their seniority within their designated classification starting with the most junior Employee to acknowledge receipt of such notice and report for work the most senior, recall shall be in reverse order. The classification subject to lay-off will depend on the date specifiedCompany’s needs. Classifications are as follows: ▪ Journeyman Technicians ▪ Apprentice Technicians ▪ Shipper/Receivers, unless other arrangements have been made, in writing.Inventory Control Clerks ▪ Drivers ▪ Journeyman Technicians ▪ Apprentice Technicians ▪ Labourer (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quitsWhen there is a temporary work shortage on a shift, or is discharged and not re-instated, if the employee fails to report management will ask for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence volunteers on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months effected shift to not work their current shift or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-offupcoming shift. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. 8.1 Seniority shall be terminal wide and include all persons including Brokers working at the terminal and on the terminal payroll except as outlined in Article 9. It is understood and further agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee Maintenance Department’s seniority shall be considered as probationary until they have worked thirty (30) days separate and not interchangeable with any other department within a six-month periodthe terminal. Seniority of new employees Company Drivers who become brokers shall be established at retain their same seniority on the end of this period seniority list. Brokers who become Company Drivers shall retain their same seniority on the seniority list and shall be effective from the date treated as new employees for vacation purposes only. 8.2 The purpose of employment.seniority is to provide a policy governing work preference, layoff and recall: (a) Seniority will be applied on a In the event of layoff, the Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to shall consider: (i) the completion of seasonal operations, or a part thereof, each seniority of the employees so affected will be permitted to exercise their seniority employees; (ii) the qualifications of employees; and transfer to a job for which they where the qualifications are qualified, provided that, having received advance notice in accordance with section 12.04relatively equal, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less employee’s seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will shall be the unit of application of seniority on seasonal layoffsdetermining factor. (b) The In all layoffs, where the qualifications of an employee are questioned by the Company, when filling vacanciessuch employee will immediately be given the opportunity to perform the work in question to determine if he is qualified. (c) A layoff for an employee shall be considered commencing upon notification of no work within his Department/bid, will do so from within at which time the bargaining unit in accordance with Article XII. Notice of impending vacancies employee will be notified if there are junior men working in any other Department/Bid. He may then exercise his seniority to bump the most junior man in the Department/bid of his choice and work on that shift to the end of that workweek. He may then exercise his seniority as to shift and starting time in that Department/bid at the commencement of the following week. After seven (7) days, an employee must exercise his seniority. Such moves shall be considered temporary’ and lasting only until such times as the work force requirements for the foreseeable future are returned to normal. (d) If a continued loss of workdays exists for an employee through shortage of work within any department or in case of a pending layoff, the Company or the Union may request a meeting to discuss alternative work for such employee. (e) An employee who is forced to move under the preceding conditions shall retain his seniority for all purposes except, that as long as there is available work, he shall not interfere with bid runs or special operations within his new department. 8.3 Seniority lists containing the name and the starting dates of all Company drivers and Brokers will be prepared and posted in the terminals every three (3) months on the camp bulletin board boards, with sufficient copies for at least five Stewards and Business Representatives. Company drivers who become Brokers will retain their same seniority on the seniority list. A seniority list containing the names, addresses and telephone numbers of employees as contained in the records of the Company will be prepared and forwarded to the Local Union office annually during the month of September. This article could be discussed between the Union and the Company if an unforeseen or unusual circumstance appears. 8.4 Hiring of Employees will necessitate a ninety (590) working daysday probationary period or six (6) calendar months of employment whichever is less. It is agreed howeverDuring the probationary period, that temporary appointments a probationary employee may be made disciplined or discharged without posting recourse to the grievance and arbitration procedures in this Agreement. Upon completion of the probationary period, if the person is retained in the employ of the Company, his name shall be placed on the seniority list and he shall be assigned a seniority date which will be his original date of hire, 8.5 Employees promoted to supervisory positions or positions not subject to this Agreement will retain their seniority after promotion for filling vacancies a twelve (12) months period only. If demoted for any reasons or if they voluntarily request reinstatement to their former position, the time served in the supervisory position shall be included in their seniority rating. Such employee shall forfeit any and all recourse to the grievance procedure as outlined in this Agreement should he be subsequently discharged in such position beyond the jurisdiction of less this Agreement. This article to be applied only once for an employee during the term of this Agreement. 8.6 An employee’s seniority shall be lost and an employee’s employment shall be terminated for any of the following reasons: (a) if an employee voluntarily quits; (b) if an employee is discharged and is not reinstated pursuant to the grievance procedure as provided in this contract; (c) if an employee has been laid off and not employed elsewhere and has refused to return to work within twenty-four (24) hours after being contacted, personally. When the employee cannot be contacted or is employed elsewhere, then the Company will notify the employee by registered mail to his last known address to return to work and he will be allowed no more than seven (7) consecutive days from the date of notification to report for duty. (d) if he takes employment other than that declared and agreed upon when applying for leave of absence; (e) if an employee is absent from work without securing a leave of absence for more than three (3) consecutive working days; (f) if the employee is laid off and not recalled for a period extending beyond thirty-six (36) consecutive months. (g) if the employee is unable to maintain a valid AZ license. 8.7 Leave of absence in excess of thirty (30) calendar days duration. Newly created jobs or an extension to an existing leave that will exceed in total thirty (30) calendar days will not be posted on granted until a request for same is submitted in writing to both the bulletin boards by Local Union and the Company for a period of five (5) working days prior and is mutually agreed upon. 8.8 Absence due to any appointment to such jobs, stating the normal job requirements. Employees bona fide illness or injury shall not be considered cause for discharge or loss of seniority, provided the Company is notified of such jobs, unless they apply in writing within illness or injury. The employee shall notify the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time Company when he is required). Failure of an employee to qualify shall entitle them able to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantwork. (c) A job that becomes vacant because the incumbent has had 8.9 Any employee who is elected to vacate it due to sickness a full-time Municipal, Provincial or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or Federal Government office shall be granted a leave of absence in order to fulfill his elected duties for the initial term of office only, he must advise the Company before the next dispatch or as soon as possible. 8.10 The provisions of Article 6 of this Agreement shall not exceeding thirty (30) work days, apply to probationary employees nor shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is Article 6 of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall this Agreement be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice available to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due with respect to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of Godany probationary employee. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. It is understood 9.01 Seniority as calculated by the Atikokan Board and agreed that where article XII is in conflict with Appendix B of the Collective AgreementFort Xxxxxxx-Rainy River Board and projected to June 30, in whole or in part1998, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on accepted and dovetailed to generate a Company wide basis in recallsseniority list effective June 30, promotions1998 for the Rainy River District School Board. Thereafter, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected seniority will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice calculated in accordance with section 12.04the following: To determine the seniority status of each Teacher, the employee advises following factors shall determine the Companymost senior Teacher: – Total employment as a permanent or probationary Teacher with the Board and its predecessors in the elementary panel and where that is equal – Total employment as a permanent, prior probationary or occasional Teacher (as determined at time of hire) with the Board and where that is equal – Total other employment as a permanent or probationary Teacher and where that is equal – Lot conducted jointly by the Parties or by representatives designated by the Parties. 9.02 Full seniority shall be accumulated for full time or part time employment and for all approved leaves. 9.03 Seniority for fractional years of employment shall be rounded up to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsnearest 1/10 year credit. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (9.04 On or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful biddersbefore October 31 and March 1, the junior employee in the transition contractor will be awarded the posting. The Company Board shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union draw up a seniority list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary natureelementary school Teachers in its employ. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A This seniority list shall be prepared and posted monthly in each camp school or place of employment and forwarded provided to the Union office showing President of the Local. This list shall include the seniority date and posting/position held status of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case Teacher covered by this Collective Agreement in decreasing order of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued factors which determine the seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority status of each Teacher respectively, as determined and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment accumulated in accordance with Section 12.01 to meet the Company's labour requirementsabove provisions. 9.05 In the event of redundancy, and if such employees require training to perform the alternate employment effectively, they an addendum seniority list of redundant Teachers shall be trained affixed to this seniority list. This list will be developed in accordance with the redundancy provisions as outlined in the Collective Agreement. 9.06 The name of a Teacher who is on Administrative Leave (Article 29) shall be recorded on an addendum to the seniority list. 9.07 Errors in the calculation of a Teacher’s seniority shall be brought to the attention of the Board by the Company, provided that President or designate within fifteen (15) working days of being posted in the jobs they have applied to school or the list shall be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offsdeemed correct.

Appears in 1 contract

Samples: Elementary Teachers’ Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, In all cases of transfers or promotions, transfers from camp to camp where qualifications, performance, ability and layoffs. When layoffs experience are required due to the completion of seasonal operationsrelatively equal, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsshall govern. (b) The CompanyIn the event that a reduction of the Nurse force is required, when filling vacancies, will do so from within the bargaining unit Employer may lay off Nurses in accordance with Article XIIseniority. Notice of impending vacancies The last to be employed will be posted on the camp bulletin board for at least five first to be laid off, providing that the remaining Nurses are willing and qualified to perform the available work. (5c) working days. It is agreed howeverIn the event of a proposed lay off of a permanent or long-term nature, that temporary appointments may be made without posting for filling vacancies of the Employer will: (i) provide the local Association with no less than thirty (30) calendar days durationdays' notice of such a lay off and; (ii) meet with the local Association to review the following: (1) the reasons causing the lay off; (2) the service which the Employer will undertake after the lay off; (3) the method of implementation including the areas of cutback and the Nurses to be laid off. Newly created jobs Any agreement between the Employer and the local Association concerning the method of implementation, in case of a lay off, will take precedence over the terms of this Article. 5.2 In all cases of hiring full-time Nurses, previous relevant nursing experience will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants recognized on the basis of Section 12.01 one (1) year of employment shall equal one (1) level on the salary grid. In all cases of hiring part-time Nurses, previous relevant nursing experience will be recognized on the basis of 1400 hours worked shall equal one (1) level on the salary grid. (a) For all provisions of this Agreement, seniority for full-time Nurses shall commence and accumulate from the date on which the Nurse was continuously employed by this Employer. Employees accepting For part-time Nurses, the posted jobs above shall apply, but the seniority shall accumulate according to all hours paid. (b) A seniority list shall be allowed five established for all Nurses covered by this Agreement who have completed their probationary period. A copy of the seniority list will be filed with the Bargaining Unit President, or her designate, every six (56) work months in the last pay periods of April and October. A copy of the seniority list shall also be posted at the same time and a copy sent to the appropriate Labour Relations Officer. Seniority, as posted on the seniority list, will be deemed to be final and binding and not subject to complaint unless such complaint is made within sixty (60) calendar days from current date of posting. After the sixty (60) day period has passed, any actions taken by the Employer in which reliance upon the seniority list may not be the subject of a grievance. However, corrections to qualify, (or a further time as the list may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantmade at any time. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, newly employed full-time Nurse shall be classified as considered a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job probationary Nurse until she has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of completed three (3) months or morecontinuous service, after which her name shall be placed on the seniority list and her seniority shall date from the date of her employment with this Employer. It is understood If the need for an extension to the probationary period arises, based on the written evaluation of the Nurse's work, it can be extended by mutual consent between the Employer, the probationary Nurse and the Association. Such extension may be up to three (3) months maximum. A newly employed part-time Nurse shall be considered a probationary Nurse until she has completed 350 hours worked, after which her name shall be placed on the seniority list and her seniority shall date from the date of her employment with this does not apply Employer. If the need for an extension to seasonal lay- offsthe probationary period arises, based on the written evaluation of the Nurse’s work, it can be extended by mutual consent between the Employer, the probationary Nurse and the Association. Such extension may be up to an additional 350 hours worked maximum. (d) Two (2) evaluations of the Nurse's work will be done before the completion of the probationary period. One (1) verbal evaluation will be completed at approximately the six (6) week point of the probationary period and a second evaluation (written) will be completed prior to the conclusion of the probationary period. The original written evaluation will be retained in the Nurse's file, with a copy provided to the Nurse.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis Except as otherwise provided in recallsthis rule, promotions, transfers from camp to camp and layoffs. When layoffs are required due to seniority begins at the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffstime employee's pay starts. (b) The Company, when filling vacancies, Seniority of employees promoted to bulletined positions will do so date from within the bargaining unit in accordance with Article XII. Notice date of impending vacancies will be posted their assignment on the camp bulletin board for at least five bulletined positions, except that when an employee so promoted fails to qualify on such bulletined position within twenty (520) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty to sixty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (560) work days in which to qualifydays, (or he/she will not acquire a further time seniority date as may be mutually agreeda result of filling such position, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In except that the event there are no successful biddersRailway will have the right, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded upon notification to the Union office. Once General Chairman or his/her designate, to extend the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicanttrial period beyond 60 days. (c) An employee accepting and qualifying for a position in any rank will thereby establish the same seniority date for himself in all lower ranks. (d) A job promoted employee will retain his/her seniority rights in the bank from which promoted. (e) To the extent consistent with other agreements, Maintenance of Way Employees furloughed (that becomes vacant because are qualified) will be given preference over new hires when a vacancy opens at the incumbent has had bottom of seniority rosters in the starting grade of other Company crafts or departments. An employee moving to vacate it due another department pursuant to sickness or injurythis sub-paragraph shall lose his/her Maintenance of Way seniority upon qualifying in the other craft, vacationfailing to qualify, bereavement leave, jury duty, subpoenaed witness, and/or a leave will return to the Maintenance of absence not exceeding thirty (30) work days, Way Department with all rights and privileges restored. The sub-paragraph shall be classified as a temporary vacancy and shall be filled according to conditioned on application of the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingRule 7. (af) An employee's seniority shall not be broken by sickness or injury certified by a licensed physicianSeniority rights of all employees to promotion, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quitsnew positions, or is discharged vacancies and not re-instateddisplacements, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by over the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the entire Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee 11.01 New employee's shall be considered as probationary employee until they have worked thirty been employed for ninety (3090) days within a six-month calendar days. During this period. Seniority of new employees , there shall be established at no responsibility for re-employment, if they are discharged or laid off for any reason whatsoever. 11.02 At the end completion of this period and the probationary period, each employee shall be effective from have his name added to the date seniority list of the terminal within the division in which he is employed. Such employee shall receive credit to the first day of employment. (a) 11.03 Seniority will shall be applied on a defined as an employee's period of continuous service with the Company wide basis in recalls, promotions, transfers from camp to camp and layoffssince his last date of hire. When layoffs Such seniority rights are required due restricted to the completion of seasonal operations, or a part thereof, each terminal of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, Company that the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsemployed. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. 11.04 The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of terminal seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing lists by the employee before the elapse various divisions of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that based on the jobs they have applied to be trained for are expected to last for a period of company's records, every three (3) months months. The employee’s position on the list shall establish their terminal seniority in relation to each other. A Xxxxxxx and local Company official will be responsible for keeping each list current. A copy of the seniority lists will be supplied to the Union upon request. 11.05 Seniority is the total length of continuous service by an employee in the employ of the Company covered by this Collective Agreement. The purpose of seniority is to provide the order of work preference, layoffs, recalls and vacation selection, subject to Article 11.06; however, there shall be no job bumping except as follows: If a designated run is eliminated, or morean employee is bumped, such employee so affected may bump a junior employee holding a designated run. It Such option must be exercised within seven (7) days of the elimination or bump. Other than in instances where multiple dispatches occur in the absence of pre-plan, employees shall, not while exercising work preference, have the right to turn down an assignment . 11.06 In recognition of the responsibility of Management for the efficient operation of its terminals, trucks, etc., it is understood this does not apply that in cases of promotion, transfer, layoff for lack of work and recall to seasonal lay- offswork for employees so laid off, the following factors will apply: a) Demonstrated ability to perform the work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. It is understood Seniority shall be based on the length of service an employee has been on the payroll, subject to Section of this Article. An employee shall lose all seniority rights, and agreed that where article XII is in conflict with Appendix B his employment shall be terminated, for any one or more of the Collective Agreementfollowing reasons: a) voluntary resignation discharge for cause failure to return to work after layoff If eight (8) months has lapsed from the date of his layoff, in whole or in partthe case of an employee with five (5) or more years of seniority, twelve (12) months have lapsed from the date of his layoff. In the event of a reduction of the working force, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes shall apply the principle of seniority"last on, first insofar as it is consistentwith management's obligation to maintain a capable and efficient working force. Seniority will govern subject Following a layoff, rehiring shall be carried on conversely to reasonable consideration the outlined layoff procedures. A list showing the seniority of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new each employee shall be considered as probationary until they have worked compiled and kept posted on the bulletin board. This list shall be revised every fourth (4th) month of each year, with a copy to the Union, showing names and starting dates. Any errors shall be reported to the Shop Xxxxxxx with a request for correction of the list within thirty (30) days within a sixof posting of the list, otherwise the list as posted shall govern seniority. Part-month periodtime employees or hired truckers will not be used while full-time employees are available. Seniority of new Where part-time employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority are used, regular employees will be applied on called in first, and where possible, full-time drivers will not be sent home while a Company wide basis part-time employee is working, when a change-over in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due equipment can reasonably be made without extra cost to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with not send home a list of jobs filled by employees senior employee with less seniority than those employees given notice. It is understood and agreed eight (8) hours work while a junior employee continues to work, providing that when layoffs are occasioned by the completion of seasonal activities, Companya change-wide seniority will be applied only when operations continue over in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may equipment can reasonably be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior extra cost to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. It 8.01 Accredited seniority is understood and agreed that where article XII is defined as the length of accrued time worked in conflict with Appendix B the properties of the Collective AgreementCompany located at Pekin, Havana, Lacon, Xxxxx and Savanna, IL as provided in whole or in partParagraphs 1 and 2, Page 1, of this Agreement for the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offCompany. 12.02 Employment of any new employee shall a. Pekin, Havana and Lacon will be considered as probationary until they have worked thirty (30) days within one district with respect to seniority. x. Xxxxx and Savanna will be considered as one district with respect to seniority. 8.02 When there is a six-month period. Seniority lack of new work, employees shall be established laid off in inverse order of accredited seniority, in their respective districts, to the extent necessary in the affected classification, provided such practice does not require the laying off of an employee fully qualified and having previously performed work in the classification which is still available and must be performed; while at the end same time continuing the employment of this period a person senior in accredited seniority in the classification, but whose regular work has been eliminated or curtailed, and who has not previously performed or is not qualified to perform work in said classification which is still available and must be performed. Prior to such layoff, but no less than ten (10) work days, detailed discussions between the Union and the Company will be held on the scope and effect of the planned layoff. Employees subject to N layoff shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of not less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by notice a. Prior to a layoff of any bargaining unit employee, the Company for agrees to remove from the payroll any probationary employee as defined in the Declaration of Agreement 1.c., who are performing bargaining unit work. b. Next, the Company will assign displaced employees to perform bargaining unit work being performed by contractors if the employee has been trained and otherwise able to perform the work, and the Company can reasonably accommodate displacing the contractor. c. To avoid layoff or displacement of employees to other locations and/or areas, the Company may first attempt to address workforce adjustments by offering voluntary termination, in seniority order, to employees in the affected job classification(s) and location(s). d. In cases of work force adjustments where the Company has determined a period of five (5) working days prior need to any appointment reduce a job classification in one report location and increase it in another report location, the Company will give consideration to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants volunteers on the basis of Section 12.01 qualifications and seniority in the report location being reduced and transfer the required number of this Agreementqualified employees to the report location being increased. Employees accepting If there are not enough volunteers, the posted jobs Company may transfer the required number of qualified least senior employees to the report location being increased. R 8.03 Regular employees remaining in an over-staffed job classification shall be allowed five (5) permanently assigned to replace junior employees, or fill vacancies according to service requirements, in classifications within their respective title groups. In order for an employee to be re- assigned to a position, they must have previously held the title and/or be currently qualified to perform the work days with minimal refresher training not to exceed 80 hours. N 1. If a regular employee refuses to accept such reassignment offered in which order to qualifypreserve his employment, (or a further time as to available work at the prevailing wage rate for that classification, he may be mutually agreedlaid off without regard to his seniority. 2. If a regular employee accepts such reassignment, if further training time offered in order to preserve his employment, to available work at the prevailing wage rate for that classification, and is required)later transferred to his former classification, his wage service credit in his former classification shall be the same as it would have been had he remained in his former classification. Failure R 8.04 The accredited seniority of an employee shall not be affected if he, or she, is temporarily absent from work due to qualify shall entitle them sickness and returns to active work within a period of twenty-six (26) weeks, provided that he, or she, returns to active work promptly upon recovery and after his, or her, physician finds and reports to the employee and the Company that he, or she, is physically qualified to do so. Solely with respect to any employee who is or becomes disabled as determined in accordance with the definition of disability in the CenturyLink Disability Plan, employment generally ceases on the later of (1) January 1, 2017, or (2) the date the employee exhausts their Short-Term Disability as defined by the CenturyLink Disability Plan because, at that time, the employee is terminated from active employment with the Company and no longer is on the Company’s active payroll. 8.05 When adding to the forces, the former employees in each department most recently laid off on account of curtailment of work shall, in accordance with the employees’ accredited seniority, be the first to be recalled if available, qualifications being sufficient, and provided they are physically qualified to return to their former job without loss work and have heretofore satisfactorily performed the type of seniority or benefits. In the event there work available and to which they are no successful bidders, the junior employee in the transition contractor will to be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantassigned. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness 8.06 The accredited seniority of an employee shall not be affected if he or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it she is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be temporarily laid off, at least two (2) working days in advance, with a copy through no fault of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quitshis, or her own, and recalled within one (1) year after layoff; provided that when a laid-off employee is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails requested to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classificationwork, the employee shall retain be given not less than two weeks notice to that effect; such notice to be sent to the rate employee’s last known address, and the accredited seniority of their previous job classification. For determining the rate of pay for pieceworkers transferred an employee who fails to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) report as directed shall apply, or the rate of the job classification, whichever is higherbe deemed to have terminated. (a) An employee who has accrued 8.07 Insofar as practical and consistent with rendering good telecommunications service, seniority and is then employed by the Union in length of accredited service shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back apply to the position they held prior to their leave upon returning from said leavefollowing: a. Selection of work hours, work days, work schedules, shifts and tours in each work group. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. It is understood The Employer shall maintain a seniority list. An up-to-date list shall be sent to the Union and agreed that where article XII is posted on the main bulletin board in conflict with Appendix B January of each year. The recognition of seniority in Article does not in any way indicate the recognition of the Union’s claim to any positions other than those listed in the wage scale attached to and as part of this Collective Agreement, . Employeesoutside the bargaining unit as of August will be credited with whatever seniority they held under the collective agreement expiring September should they be returned to the bargaining unit subsequent to August The provisions of Article shall apply to employees who transfer April There shall be no scheduling of split tours. Employees shall be allowed to trade their days off with another employee of own classification in whole the same unit or section so long as this exchangingof days off does not cost the Employera higher rate of pay. Such mutual exchanging of days off must be authorized by the Employer and no premium rates will be paid for this exchange of time. Such mutual exchange must be in part, the terms writing and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration the approval of skillthe supervisor, efficiency which approval shall not be unreasonably denied. Days off shall be planned in such a way as to provide an equitable distribution of full weekends providedthat such does not effect the efficient operation of the Employer. However, no more than five consecutive days shall be worked without premium pay. The hours and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment days of any new work of each employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis posted in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, appropriate place at least two (2) working days weeks in advance. No change will be made to these schedules without consulting the employee concerned. There shall be no less than two (2) consecutive tours off between shifts on a Nursing Unit. However, if an employee has less than two consecutive tours off between shifts, shall be paid time and one half for all hours worked in the period that is less than two (2) tours when such hours worked are at the Employer's request, This provision does not apply in emergency situations. If a change is made to the schedule with a copy of such said less than seven (7) days notice to the Union Grievance Committee. The Company will provide two weeks' notice employee concerned then shall be paid a premium of layoff in time and one half for the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed first day of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit change subject to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafterforegoing. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. It 7.1 Seniority as used herein is understood and agreed that where article XII is designated as the right accrued through length of service which entitles employees to certain preferences provided for in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs in all cases of layoff, rehire, promotions or demotions due to increasing or decreasing forces, accumulated length of service within the department assigned and the employees ability to perform the available work shall govern. The right to release or rehire employees who have not completed the probationary period shall be vested solely and exclusively in the Company. (A) For the purpose of clarification concerning departmental seniority and work assignments there is one department: 1. Generator Field Service (B) In the event of a reduction of forces in any department employees from the affected department shall be offered employment in another department providing that an opening exists and the affected employee has the ability to perform the available work. It is further understood that employees will be paid the rate of pay that pertains to the classification of work they are occasioned performing if it is outside their permanent classification. Employees from one department cannot displace employees in another department because of a reduction of work forces. It is also agreed that no employee is obligated in any way to accept employment in another department because of a reduction of work forces. (C) The Company may add, combine or remove departments by amendment to this agreement as business plans or economic conditions change. 7.2 Newly hired employees shall be added to the seniority list after completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than their probationary period of one (1) weekcalendar year and/or eighteen hundred (1,800) compensable hours, otherwise the district will be the unit with full service credit from their date of application of seniority on seasonal layoffsemployment. 7.3 Seniority shall not be forfeited during absences from work as a result of: (bA) The CompanyAn industrial accident; (B) A bona fide illness or off the job injury; (C) An authorized leave of absence, when filling vacancies, will do so from within vacations and layoffs not to exceed ninety (90) days; or (D) Entrance into the bargaining unit in accordance with Article XII. Notice Armed Forces under the provisions of impending vacancies will any applicable State or Federal law. 7.4 Seniority of an employee shall be posted on forfeited if the camp bulletin board employee: (A) Quits or is terminated for at least five cause; (5B) working days. It is agreed however, that temporary appointments may be made without posting Is laid off for filling vacancies lack of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company work for over a period of five ninety (590) days; (C) Overstays an authorized leave of absence; or (D) Has an absence for three (3) consecutive scheduled working days prior to any appointment to without notifying the Company, except where the employee can prove such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. notice was impossible. 7.5 The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward submit to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the its employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoffsigning the Agreement and every six (6) months thereafter, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An giving each employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractorclassification and date of hire. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Electric Shop Agreement

SENIORITY. It 6.01 Departmental seniority and competency shall entitle employees to first consideration for promotion as opportunity shall offer and, in the manner, indicated by department promotion schedule. Inter-plant and inter-departmental seniority is understood not recognized, except as hereinafter provided. When a number of employees are considered as competent for promotion, seniority shall determine. In the reduction of forces and agreed reemployment, seniority shall determine. If disagreement exists in any case of promotion, discharge, layoff or reemployment, the case may be handled as a formal complaint in the manner herein before provided. 6.02 When an operation requires specially trained production employees, they shall be employed, retained, or rehired, when conditions demand, regardless of other factors involved. Whenever a situation arises that where article XII is in conflict with Appendix B makes necessary the use of the Collective Agreementabove, steps shall be taken promptly to correct the matter so that regular employees may be used. 6.03 The seniority of any employee is determined by the length of their service, computed in years, months, and days from the first date of their continuous employment. Time lost through disciplinary action, sickness or layoff shall not be deducted from employee's seniority records. Any regular employee hired after April 30, 1995, who is laid off prior to accumulating two (2) years of seniority, shall have recall rights by seniority for a period of two (2) years from the date of his last layoff. Any regular employee who has two (2) or more years of seniority as of the date of his last layoff shall maintain recall rights for a period equal to the length of his seniority, or five (5) years, whichever is less. Employees who go out on extended sick or accident leave will maintain their seniority for a period of two (2) years at which time their employment will be considered terminated. 6.04 Layoffs and leaves of absence shall not affect seniority standing, except as provided in Paragraph 6.02 above. When a leave of absence is granted in accordance with established leave of absence procedures negotiated with the Local Union, an employee shall not lose his seniority rights. Leaves of absence shall be recorded in the employment records. 6.05 Probationary employees shall not accumulate seniority, but if and when such probationary employees become regular employees, they shall be given seniority credit for all time worked as probationary employees. Probationary employees are new employees placed in a department for a period of four hundred and forty (440) work hours, after which they will be classified as regular employees or be dismissed as having failed to qualify for the duties required of them. 6.06 Any employee, upon being laid off due to shutdown, or reduction of forces, shall be responsible for keeping his address current with the Human Resources Department or appropriate HRIS system. The Company will furnish the Local Union with a list of all addresses and will furnish to the Local Union quarterly a list of addresses of new employees and of all changes in addresses of which it has been advised by the employees. In the event of recall, the Human Resources Manager shall notify each such employee, in whole his turn by the most convenient method. A copy of each such recall shall also be sent to the President of the Local Union. Upon direct or in partwritten contact, the terms employee will have 72 hours or until 5:00 p.m. of the third (3rd) workday from such contact, whichever is longer, to indicate acceptance or refusal of the recall. Saturdays, Sundays and conditions as set out holidays will be excluded, unless it is indicated to the employee that the Human Resources Department of the plant will be open on those days. If an employee accepts a recall, they must report for work within and not more than seven (7) calendar days from the date of their acceptance. Failure to comply with any of the requirements of recall will result in Appendix B the termination of the employee and the forfeiture of all of their seniority rights. If an employee on laid-off status to the street is recalled while on sick leave, they will supersede same 12.01 be recalled on paper and will remain on sick leave until released by their physician, pursuant to 6.03. The Company recognizes will keep a record of these transactions. Service records and employment lists shall be open to inspection to the principle Local President of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offthe Union. 12.02 Employment of any new employee 6.07 Employees who voluntarily quit or are discharged for cause shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied if again employed by the Company. 6.08 Full seniority status shall be retained and accumulated by employees while acting as full- time officers or employees of the Local Union or as full-time officers or employees of the International Union, or as full-time national officers or employees of their desire to transfer or to be laid offthe American Federation of Labor - Congress of Industrial Organizations. The Company will provide the Union Grievance Committee, prior When requests are made in writing to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned Company by the completion President of seasonal activitiesthe International Union, Company-wide seniority will leaves of absence shall be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards granted to employees who are employed full time by the Company for a period of five (5) working days prior to any appointment to Union, and seniority shall accumulate during such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the postingleaves. The Company shall post notices not be obligated to have in camps showing the names effect at any time more than three (3) such leaves of successful applicants absence and may specify that application shall be made for all posted vacancies and newly created jobs. All postingsannual renewals of such leaves, internal and external, permanent or temporary which will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantgranted upon application. (c) A job that becomes vacant because 6.09 Any employee elected to public office in the incumbent has had Government of the United States or any State or to vacate it due to sickness full-time public office in the government of any county or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or of any city shall be granted a leave of absence not exceeding thirty (30) work days, for the period of his first term of active service in such elective office. Additional leaves of absence for service in any such elective office shall be classified as a temporary vacancy granted upon written application by the employee. Full seniority status shall be retained and accumulated by any such employee during the period of any such leave of absence. 6.10 A complete seniority list of all employees will be posted in each department on the bulletin board within fifteen (15) days after the signing of this Agreement and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary naturerevised quarterly. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp This list will be informed of such approximate date available to all employees at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingtimes. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Labor Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new (A) An employee shall be considered as probationary until they have worked thirty seniority status after he has been continuously employed by the company for ninety (3090) days within a six-month periodworked. Seniority Such employee shall have departmental seniority on completion of new employees shall be established at the end of this his probationary period and shall be effective from the date based on accumulated service. Accumulated seniority shall be lost on termination of employment. (a) Seniority will be applied on a Company wide basis in recalls. However, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's accumulated seniority shall not be broken by sickness or injury certified by lost if such termination is due to a licensed physicianlay off, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if provided that the employee quits, or is discharged lapse of time between termination date and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but reemployment does not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding exceed one (1) year. (bB) An Where the ability, efficiency and accomplishments are fairly equal, then length of service in the department shall govern lay-offs. The Company agrees to discuss with the Union any case or instance of hardship where alleged injustice to an employee who has accrued seniority and is employed by Local 324 arises out of any action of the company in this connection. (C) When there are lay offs for an indefinite period of time, the following procedure shall be granted Leave of Absence from followed: 1. In the Company. The employee will go back to department so affected, the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected probationary employees shall be laid off first, and thereafter, employees shall be laid off in the inverse order of their seniority, provided there are employees with seniority who are qualified and willing to do the work of the employees to be laid off. 2. Where there is an increase in the working force after a layoff, the reverse of the above layoff procedure shall be followed. Before any new employees are hired, the employees still laid off shall be the first to be offered alternate employment in accordance with Section 12.01 the order of their seniority, at work which they are qualified to meet do and at the Company's labour requirements, agreed upon rates for such work. (D) If an employee is laid off and if such employees require training fails to perform the alternate employment effectively, they shall be trained report for work within five (5) working days after he has been notified to do so by the Company, provided which notification has been sent out to his last address on record with the Company, the Company will advise the shop xxxxxxx at the plant when such notification is sent out, he shall be considered to have voluntarily quit. (E) The Company agrees to post the seniority list every 12 months showing the seniority and classification status of each employee and to furnish a copy of such list to the Union. However, the Company agrees to amend and copy if any changes to the seniority list are made or any new employees added. (F) The Company agrees to alter the seniority list for time to time and correct any errors thereafter, whenever proof of error is submitted by an employee of the Union. No change shall be made in the seniority list of any employee without consultation with the Union. (G) The Company agrees that job vacancies shall be posted on the Bulletin Board and that the jobs they applicants will be given preference in accordance with ability and seniority unless none of the applicants are suitable for the job. (H) The Chief Xxxxxxx shall be considered to have applied super seniority. Therefore the Chief Xxxxxxx shall be the last employee to be trained for are expected laid off so as he/she possesses the skill and ability to last for a period of three (3) months perform the work needed or more. It is understood this does not apply to seasonal lay- offsavailable.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B 20.01 An employee will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary on probation and will not be placed on a seniority list until after they have worked thirty (30) days within completed a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period total of three (3) months calendar months, notwithstanding the employee must have completed at least twenty (20) days of service. 20.02 Seniority lists based upon the date on which employees commenced to work in the hotel shall be established for each department and food and beverage outlet and will be supplied to the Union. It is agreed that the Employer shall provide a current seniority list to the Union and post on the Union board said list on 1st February and 1st September of each year. Notwithstanding, the Union may request a list at other times. 20.03 An employee shall lose all seniority and shall be deemed to be terminated if they: (a) voluntarily leave the employ of the hotel; (b) are discharged and not reinstated through the grievance procedure or morearbitration procedure; (c) are laid off for a period of twenty-six (26) weeks. The individual may be retained on the seniority list with the consent of the parties to this Agreement which shall not be unreasonably withheld; (d) fail to report for three (3) consecutive working days without a satisfactory reason; (e) use a leave of absence for purposes other than which it was granted, including working for another employer while on a leave of absence without the approval of the Employer. (f) fail to return to work or notify the hotel of their intention to return to work within five (5) calendar days, not including Saturdays, Sundays and Holidays upon receipt of notice of recall. It is understood this does not apply that the hotel shall send notice of the recall by courier service to seasonal lay- offsthe last known address of the employee. 20.04 When an employee is transferred to another department or food and beverage outlet in the bargaining unit, they shall retain house seniority, however, unless the transfer is of a temporary nature for the probationary period or less, they must start accumulating seniority in that new department. When the transfers are for less than the probationary period and the employee is returned to the original department within that period of time, the seniority for that employee will continue to accumulate in the original department during the employee’s absence.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. It A. Seniority is understood and agreed defined as length of service as determined by accumulated work days in the Mt. Xxxxxx Schools. Approved unpaid leaves of absence will not terminate nor add to seniority in the school district unless otherwise specified in this Master Agreement. However, resignation shall terminate accumulation of work days. All positions covered under this Master Agreement shall be applicable to this provision. The following leaves of absence will not terminate nor add to seniority: ARTICLE XI-G ARTICLE XIV-C, 1, 2 & 3 (unless paid by the Board) F, G, H, I & J. Approved leaves of absence will not terminate nor add to seniority in the school district unless otherwise specified in this Master Agreement. All positions covered under this Master Agreement shall be applicable to this provision. Short term leaves, without pay, of one day or more, will not accrue seniority. B. All school years prior to 1985-86 are considered to have 185 work days. All months within a school year prior to 1985-86 are considered to have twenty (20) work days per month. Beginning with the school year 1985-86, seniority days per month shall be actual work days in that where article XII is month. C. When two or more individuals have the same number of contributed work days, the hire-in conflict with Appendix B date will determine seniority. In the event of ties in length of seniority, the last digit of the Collective Agreementsocial security number shall be used to break the tie. The person with the lowest last digit (zero is low, in whole or in partnine is highest) shall be ranked higher on the seniority list. If both last digits are the same, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes digit on its immediate left shall be used to break the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offtie. 12.02 Employment D. Work done in excess of any new employee the regularly scheduled work year, as determined by the negotiated school calendar, shall not accrue extra seniority. E. For bargaining unit members hired prior to 1978-79, the seniority date will be the official date of hire by the Board of Education as determined by official records or the first day of employment with the school district. The earliest date will be used for all employees hired prior to the 1978-79 school year. F. The seniority list, including hire-in date, length of in-district service, time deducted, tenure status, certification, endorsements, Highly Qualified subject matter and earned major(s), shall be considered as probationary until they have worked distributed to each teacher, the Union and the building representatives by August 31 of each school year. Individuals and the Union shall within thirty (30) school days within a six-month periodconfirm or challenge the previous school year seniority data. Seniority Teachers shall confirm by initialing the building master copy. Copies of new employees all the building masters bearing signatures of the President of the Association and the Superintendent shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp distributed to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04building, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) Association and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular jobAdministration. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Master Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of (a) Seniority shall be defined as total compensated hours within the Collective Agreementclassification system wide, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offexcluding overtime. 12.02 Employment of any new employee (b) There shall be considered as probationary until they have worked thirty one seniority list (30A) days within for both full-time and permanent part-time employees based on total compensated hours with the Employer, and a six-month period. Seniority of new separate seniority list (B) for employees shall be established at the end of this period and shall be effective from the date of employmentwho regularly work eight (8) hours or less per week. (a) Seniority will There shall be applied on no change in seniority as a Company wide basis in recalls, promotions, transfers from camp to camp and layoffsresult of involuntary transfer of classification and/or department. When layoffs are required due to In the completion event of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04involuntary transfer, the employee advises the Company, prior shall be entitled to the effective date first vacancy which occurs in the department and/or classification from which she/he was transferred. The abolishment or elimination of the advance notice and in writing on forms a job shall be deemed to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsinvoluntary transfer. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal Employees who have changed job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to classification and who return to their former the previous job without loss of classification within one (1) year shall retain previously accrued seniority or benefits. in the previous job classification. 6.03 In the event there are no successful biddersan employee working over eight (8) hours per week accepts a position with less hours on the B-list status, the junior such employee in the transition contractor will be awarded the posting. shall retain her/his seniority. 6.04 The Company Employer shall post notices in camps showing the names of successful applicants prepare seniority lists for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1stdescribed in 6.01 above, showing Company seniority dates. The Company will endeavor to have this list sent with copies to the Union and copies posted on the designated Union bulletin board. Such lists shall be calculated on the year from October 1 to September 30, posted by the first of May of each year thereafter. 12.08 A seniority list shall be prepared following December 1 and posted monthly in each camp and forwarded updated annually with copies to the Union office showing and copies posted on the seniority date and posting/position held of each employee with the Companydesignated union bulletin board. 12.09 In transfers from one job classification to another senior 6.05 The first ninety (90) calendar days of employment shall be a probationary period, during which time the employee may be terminated with or without cause. The Employer, in its discretion, may extend an employee's probationary period for an additional thirty (30) calendar days. If an employee's probationary period is extended, the Employer will advise the Union of that fact and will advise of the new end date of probation. Vacation and sick leave for eligible employees shall receive first considerationbegin to accrue during the probationary period but may not be used until the probationary period has been successfully completed. In such cases, an employee Employees shall receive be obligated to pay the rate for dues or fees established by the job Union pursuant to which Section 2.01 (a) upon completion of the employee is transferredprobationary period. In case Employees who terminate employment prior to the end of a temporary the probationary period or change to a lower job classificationnon-benefit eligible status prior to the end of the probationary period do not receive any vacation, sick or personal holiday benefits. The applicable uniform allowance shall be payable after successful completion of the employee probationary period. 6.06 Vacation and sick leave benefits shall retain the rate be based on years of their previous job employment regardless of any change in classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherVacation preference will be based on seniority as outlined in Article 14. (a) An 6.07 Newly hired employees will not be placed in a particular clinic which requires an involuntary transfer of a qualified employee who has accrued seniority and is then employed by from that clinic to another clinic. 6.08 In the Union shall retain such accrued seniority for event of a period not exceeding break in service of less than one (1) year. (b) An , employees will be credited for all Allina Health employment upon completion of the probationary period, with the exception of wages. The credit for Allina Health employment shall include reinstatement of accrued sick leave time and the vacation accrual rate the employee who has accrued was eligible for at the time the employee terminated employment and seniority and is employed by Local 324 in the classification to which the employee returned. Employees shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their eligible for sick leave immediately upon returning from said leaverehire. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B A. New employees will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary employees until they have worked thirty been employed continuously for ninety (3090) days within calendar days. After completion of the ninety (90) calendar days, the employee will be considered as a six-month period. Seniority regular employee and his or her seniority will stand as of new employees shall be established at the end of this period and shall be effective from the date of employmenthire. (a) Seniority will B. When an employee acquires seniority, his/her name shall be applied placed on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffsthe seniority lists. When layoffs are required due to the completion of seasonal operations, or a part thereof, each Upon request of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualifiedUnion, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective an up-to-date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared made available to all employees for their inspection. The seniority list shall be contained within the School District’s “bulletin” given to each employee. The list shall also be distributed to all employees by a satisfactory method each year or by mailing the current seniority list to each bargaining unit employee. C. In the event it is necessary to lay off employees, employees shall be laid off in reverse order of seniority by their classification provided that those remaining employees are capable or performing the duties necessary for the normal and posted monthly in each camp and forwarded to efficient operation of the Union office showing Employer. Employees with the same seniority date and posting/position held shall be laid off in alphabetical order, which would result in the lay off of each employee those employees whose surname begins with "A" first in their classification. Employees shall be returned from layoff in reverse order of the Companylayoff provisions. 12.09 In transfers from one job classification to another senior D. When there is a layoff, those employees shall receive first consideration. In such cases, an employee shall receive in the rate for bargaining unit who have been designated as the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 grievance representatives shall be granted Leave top job seniority for layoff and recall only provided they are capable of Absence from performing the Company. The employee will go back work, and provided further, such super-seniority is limited to the position they held prior to their leave upon returning from said leaveno more than two designated employees in this unit. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees E. Seniority shall be offered alternate employment in accordance with Section 12.01 to meet terminated for the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained following reasons: 1. Discharge for are expected to last for a period of three (3) months or morejust cause 2. It is understood this does not apply to seasonal lay- offs.Quit

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B 13:01 The seniority of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new each employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees covered by this Agreement shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for after a period of five probation of one hundred and twenty (5120) working worked days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing a twelve-month period within the five (5) day period. All jobs will be filled initial date of hire and shall then count from among the qualified applicants on latest date of employment with the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefitsCompany. In the event there are no successful bidders, case of students hired during the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, school vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, seniority shall be classified as established after a temporary vacancy period of probation of one hundred and shall be filled according to the provisions of Section 12.03(btwenty (120) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working worked days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority date shall not be broken by sickness his last hiring date, except that upon returning to work following a layoff or injury certified by a licensed physicianillness in excess of 12 months, licensed dentist or licensed chiropractorhis seniority date shall be adjusted in accordance with his length of service pursuant to the provisions of Section 13:08 and 13:09 hereof. (b) An employee's For purposes of layoff (meaning here and elsewhere in this Article layoff from employment) or transfers due to lack of work, an employee shall exercise his seniority pursuant to Section 13:06 (g). (c) In the event an employee with seniority is laid off, he will be included in the plant recall list. 13:03 There shall be broken if no layoff of personnel until probationary employees have been laid off. This Section is subject to such exceptions as may arise under the provisions of Section 13:06 (b). 13:04 As applied to individual employee(s), the Company may lay off an employee quits, or is discharged and not re-instated, if up to a total of 15 working days in each calendar year without regard to the employee fails to report for work following recall as provided in Section 12.05 seniority provisions of this Agreement. In calculating the 15 working days above, a layoff for the second half of a shift or portion thereof will be deemed a half day, and shall be counted against the 15 working days. Time lost for the following causes will not be subject to the seniority provisions of the Agreement. Neither will it be counted in the 15-day exception referred to herein: (a) Time lost by an employee during the annual vacation shutdown as a result of such employee's vacation entitlement being less than the shutdown period. It being understood that for the purpose of this subsection (a) such time so lost will not exceed 3 calendar weeks. (b) If vacation shutdowns are scheduled at varying times in various Departments, in no case shall an individual employee who was employed in an area that was shut down for vacation purposes and was affected by subsection (a), subsequently be affected again by the provisions of subsection (a), if during the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notifiedsame calendar year, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested he is employed in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority datesanother area. The Company will endeavor to have this list sent not transfer an employee for the purpose of exposing him to the Union by the first provisions of May of each year thereafter13:04 (a) more than once in a calendar year. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded (c) Time lost by an employee during days on which annual inventory is taken, up to a maximum of two days. (d) Time lost by an employee due expressly to a shutdown caused by fire, lightning, flood or tempest, causing damage to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall applyplant, or the rate part of the job classificationit, whichever is higheror its equipment. (a) An The Company will maintain seniority lists in each department showing the departmental seniority of each employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) yearin that department. (b) An employee who has accrued Copies of the plant seniority and is employed by Local 324 list shall be granted Leave of Absence from supplied to the CompanyUnion every six months. The employee Company will go back continue to post copies of such lists in appropriate locations. (c) The Company will supply the Union with the following information: (i) Starts, quits, discharges, transfers and layoffs of employees other than layoffs under Section 13:04 above. Such information will be supplied on a pay-period basis. (ii) A copy of notices of recall as referred to in Section 13:06 (d) below. (d) Upon reasonable request to the position they held prior foreperson, the departmental xxxxxxx shall have the opportunity to their leave upon returning from said leavescrutinize the departmental recall list maintained by the Foreperson. 12.11 An employee who is promoted 13:06 Layoffs or transferred transfers due to a position with lack of work will be governed by the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one following provisions: (1a) yearSeniority as defined in Section 13:02 hereof. 12.12 When jobs are discontinued (b) Seniority will be the major factor governing layoffs or transfers due to the introduction lack of new methods and equipmentwork, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 13:06 (g) (i) and (ii) hereof, subject to the retained employees being able to meet the Company's labour requirementsnormal requirements of the work. (c) The Company will give seven (7) calendar days' notice in writing to an employee of a layoff, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are duration of which is expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.exceed fifteen

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. It is understood A. Seniority shall be defined as the length of continuous service with the Houghton Lake Community Schools from the teacher’s most recent “date of hire” (defined as the first day worked). 1. Leaves of absence granted pursuant to this contract or which are required to be granted by law (e.g., FMLA, Military Duty/Reserves) and agreed that where article XII is periods spent on layoff shall not constitute an interruption in conflict with Appendix B continuous service. 2. Credit given for outside teaching experience shall not be considered for the purpose of accumulating seniority. B. A seniority list shall be jointly prepared by the employer and the Association no later than October 31st each year. The seniority list shall be in rank order of the Collective Agreement, teachers first date of work as set forth in whole or in partthe preceding section. In the event more than one individual has the same first day of work, the terms relative place of such persons on the seniority list with respect to that date of work will be determined by a drawing of lots participated in by all affected teachers. The notice of the drawing, including date, place and conditions as set out time, will be determined jointly by the Employer and the Association and communicated to all affected members one (1) week before the drawing. The drawing will be conducted openly and at a time and place that reasonably allows all interested teachers, and particularly those affected, to attend. The President of the Association or their designee shall draw for any person unable to be in Appendix B attendance. All affected teachers will supersede same 12.01 The Company recognizes be notified in writing of the principle results of senioritythe drawing within forty-eight (48) hours of the drawing. Seniority will govern subject This applies to reasonable consideration new hires following ratification of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offthis Agreement. 12.02 Employment 1. The seniority list shall be published with notation of the certification, approvals, majors/minors, endorsements, and certificate expiration then on file with the employer of each teacher and posted conspicuously in the area of each building reserved for teachers' use as well as being placed in the general office of each such building for inspection by October 31 of each school year. Updates of the list shall be published and posted as they are made. 2. A copy of the posted seniority list and all subsequent updates shall be provided to the Association. Errors, omissions, and/or deletions in or to the list as posted will be noted and corrections made as required to conform to this Agreement at the request of any new employee shall teacher on written notice to the Association or at the request of the Association on notice to affected members. For purposes of this Agreement the seniority list will conclusively be deemed to be accurate and no objection to any alleged error, omission and/or deletion on the seniority list will be considered as probationary until they have worked unless it is called to the Superintendent's attention in writing within thirty (30) days within of the date the seniority list is provided to the Association. C. A bargaining unit member who is laid off and is paid unemployment compensation benefits (associated with their regular assignment) during the summer immediately following the layoff and who is subsequently recalled to a six-month period. Seniority of new employees shall be established position at the end beginning of this period and shall be effective from the date of employment. (a) Seniority next school year will be applied on a Company wide basis in recalls, promotions, transfers from camp paid according to camp and layoffs. When layoffs are required due an annual salary rate such that their unemployment compensation plus that annual salary rate will be equal to the completion rate of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which salary they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created would have earned for the xxxxx to roadside workforce. The employee who school year had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity given notice of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-offlayoff. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Master Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay lay-offs and recalls after lay- lay-off. 12.02 . Employment of any new employee shall be considered as probationary until they have he has worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date :e of employment. (a) . Seniority will be applied on a Company wide basis in recalls, promotions, ,transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their his seniority and transfer to a job for which they are he is qualified, provided that, having received advance notice :ice in accordance with section 12.04, the employee Section he advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their his desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit it of application of seniority on seasonal layoffs. (b) . The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments appointmer may be made without posting for filling vacancies of less than thirty than (302) calendar days weeks duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. requirement Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually mutua agreed, if further training time is required). Failure of an employee to qualify shall entitle them him to return to their his former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and vacancies, newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.is

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. It Section 1 Each local union is understood and given the option of accepting the seniority as contained in this Supplemental Agreement or of continuing the present seniority provisions in each local union Rider. This option may be exercised at any time during the life of this Agreement. Where a local union has elected to retain its local seniority practices, such practices shall be reduced to writing with any mutually agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in partto changes. If an agreement cannot be reached within ninety (90) days, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes matter shall be referred to the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offJoint Area Committee (JAC) for resolution. 12.02 Employment of any new employee Section 2 Seniority shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority measured by length of new employees shall be established at continuous service with the end of this period Employer and shall be effective from the date of employment. (a) Seniority will on a center seniority basis for layoff purposes, and shall be applied on in a Company wide basis in recalls, promotions, transfers from camp to camp and layoffsmanner as hereinafter outlined. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for Where more than one (1) weekcenter exists in a building, otherwise the district it will be considered one (1) center for layoff purposes. When more than one (1) center exists in a building and the unit practice of one (1) seniority list exists, that practice shall be continued. If there are difficulties in the application that cannot be worked out by local management and the local union involved, the problem may be submitted to the Joint Area Committee for disposition. Section 3 The seniority of seniority on seasonal layoffs.an employee shall be considered broken for the following reasons, and the employee shall be considered terminated: (a) if the employee resigns voluntarily; (b) The Company, when filling vacancies, will do so from within if the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on employee is discharged and such discharge is not set aside through the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant.grievance procedure; (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months years or morehis/her length of seniority, whichever is less; or, (d) if the employee fails to report to work for three (3) consecutive working days and does not properly notify the Employer at the beginning of his/her starting time on the third (3rd) day. Section 4 Center seniority lists, by date of hire, shall be posted on the center bulletin board, by the Employer, and shall be revised and updated quarterly. It is understood this does If an employee protests the accuracy of his/her dates and the accuracy can be verified by proper documentation the date will be changed to the appropriate date. Copies of all posted lists shall be sent to the local union involved. The Employer shall show two (2) seniority dates when an employee has come from the part-time seniority list. One (1) date for the employee’s full-time seniority date and one (1) showing the part-time seniority for vacation weeks. The two (2) seniority dates shall not apply to seasonal lay- offspart-time employees going to full time prior to the 1976-1979 Agreement.

Appears in 1 contract

Samples: Supplemental Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B A. Seniority for the purpose of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee this Article shall be considered as probationary until they based upon an employee’s continuous length of service in the bargaining unit. In the event employees have worked thirty (30) days within a six-month period. Seniority of new employees the same seniority date, their respective seniority shall be established at the end of this period and shall be effective from determined by the date of employmentcommencement of employment at Rutgers. If employees continue to have the same seniority date, their respective seniority shall be determined by alphabetical order of their last names. (a) Seniority will B. The Office of Labor Relations shall maintain seniority lists of employees, including the date of hire, and if applicable, the date of transfer into the bargaining unit. Copies of seniority lists shall be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due furnished quarterly to the completion URA-AFT. C. Layoff shall be defined as the elimination of seasonal operationsa position or positions within a particular work unit. A work unit is a budgetarily discrete academic or administrative entity. The URA-AFT shall be informed of all notices of layoff. D. In the event of layoff, the following shall apply: 1. Where one or a part thereofmore employee(s) in the same title performing the same functional tasks in the same work unit is being laid off, each layoff shall be implemented in reverse order of seniority, provided the senior employee has the requisite qualifications and abilities to perform the work available. 2. With respect to laid off employees so affected will be permitted who have provided current contact information to exercise their seniority and transfer UHR, the following shall apply: a. The employee who is being laid off may meet with UHR’s designee to a job identify open positions for which they are he/she may be qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior including but not limited to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid offtitle currently held. The Company will provide laid off employee may apply for and may be interviewed and considered for such open positions for which he/she meets the Union Grievance Committeerequisite qualifications. b. However, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for where more than one (1) weeklaid off employee meets the requisites qualifications for an open position, otherwise the district will up to three laid off employees, as determined by seniority, shall be the unit of application of seniority on seasonal layoffsinterviewed and considered. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will E. Any employee who is laid off and has not been placed pursuant to Section D above shall be posted placed on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company a preferred recall list for a period of five up to eighteen (518) working days months. Employees who have provided current contact information to UHR may request to be notified by UHR of openings in titles for which he/she has previously been identified to be qualified. The employee shall be entitled to apply and be interviewed for those open positions, and if he/she has the requisite qualification and ability to perform the work shall be considered for that position. F. If a position within the same title within the same work unit from which the employee was laid off is restored during the eighteen (18) month recall period, the employee who previously held the position shall be recalled. If more than one employee in the same title has been laid off from the same work unit they shall be recalled to those restored positions in order of seniority. Upon recall to employment an employee shall retain all seniority rights and benefits earned prior to any appointment being laid off and shall immediately begin to such jobs, stating the normal job requirements. accrue additional seniority for all purposes. G. Employees hired on a 10-month basis shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which entitled to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to utilize the provisions of Section 12.03(b) and this Article during the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators 2-month period during which they are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular jobemployed. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of 10.01 All things being equal, seniority shall be the Collective Agreementbasis for promotions, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotionsjob posting, transfers, lay offs layoffs and recalls after lay- offrecalls. 12.02 Employment 1) Should circumstances require a reduction of any new employee employees, temporary employees shall be considered laid off first, probationary employees shall be laid off secondly, and then commencing with those permanent employees with the least seniority. 2) When permanent employees are laid off under this article and positions again become available with the Employer, the permanent employees who are capable of performing the required duties shall be called back on a seniority basis. 3) Notwithstanding anything herein contained, it is hereby agreed and understood that there is no right to recall for probationary or temporary employees who are laid off under this article. 4) When employees are to be recalled by the Employer they shall be notified by registered mail to their last place of residence known to the Employer, and if they fail to report within fifteen (15) calendar days after the mailing of such notice, the Employer shall be under no obligation to re-employ them. 5) The operations of the Corporation of the Municipality of Markstay-Xxxxxx are divided into departments as shown by the Organizational Chart attached as Schedule “B” of this Agreement. 6) Employees covered under this Agreement shall maintain seniority rights in accordance with this article in only the department in which they are employed, except for the purposes of vacancies which are not filled as per the job posting procedure from within the Department where the vacancy exists. Then, before the Employer hires to fill the vacancy, employees in other Departments shall be given the opportunity to bid on the vacancy. 7) If an employee becomes permanently unable to perform his regular duties due to sickness or injury he may apply in writing to be transferred to another department. The Employer at its discretion, will endeavour to find work suitable to the employee’s capabilities in the other department and he will retain all his seniority rights, providing the transfer does not displace a permanent employee and it does not affect the efficiency of the operation. 10.02 A Seniority List of all permanent and probationary until they have worked employees covered by this Agreement shall be posted in January and July each year. The January and July Seniority List will include all permanent and probationary employees from the last payroll in December and June respectively. This list will show all permanent and probationary employees within the bargaining unit in order of seniority, stating the employee’s number, name, classification, and date of latest entry into the employ of the Employer. Copies of the Seniority List will be posted on all Bulletin Boards and two (2) copies will be supplied to the Secretary of the Union. 10.03 Protests in regard to an employee’s established seniority standing must be submitted in writing to the Chief Administrative Officer (CAO) or designate within thirty (30) days within a six-month periodfrom the date the Seniority list is posted on Bulletin Boards. Seniority When proof of new employees error is presented by the employee or his representative, such error will be corrected and, when so corrected, the agreed upon seniority date shall be established final. Once the seniority standing of an employee is confirmed by the first posting of the Seniority List, no further requests for changes in seniority standing shall be made. No change in the seniority status of an employee shall be made unless concurred with by the Union. 10.04 A newly hired probationary employee shall be on probation for a period of five hundred and ten (510) actual hours worked. The employment of such employee may be terminated at any time during the end probationary period, without recourse to the Grievance Procedure. After successful completion of this period and the probationary period, seniority shall be effective from the most recent continuous date of employment. (a) Seniority will 10.05 A notice of layoff shall be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice given in accordance with section 12.04, the terms of the Employment Standards Act. If the employee advises laid off has not had the Company, prior opportunity to work the effective date period of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will he shall be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit paid in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies Employment Standards Act and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantamendments thereto. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. It 2.01 Regular employees shall not acquire seniority rights during a probationary period of fifty (50) worked days of accumulated service, unless a longer period is understood mutually agreed upon by the Union and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms Company and conditions as set out in Appendix B such agreement will supersede same 12.01 The Company recognizes the principle of senioritynot be unreasonably withheld. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee This shall be considered as called the probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective apply to newly hired employees. However, if an employee is continued in employment after such period, seniority shall commence from the date commencement of such continuous employment. The Company will endeavour to give probationary employees the necessary training to acquire the skill required and to review their performance after twenty-five (25) worked days in the presence of a Union Representative, and if necessary extend the probationary period long enough to allow the employee to acquire the necessary skills. (a) In lay-offs, recall after lay-offs, transfers and demotions, seniority shall be the governing factor, provided the senior employee has sufficient ability and qualifications to perform the work. It is agreed that in these circumstances senior affected employees may displace junior employees regardless of class provided they possess the sufficient abilities and qualifications to perform the work. Seniority will shall be applied exercised on an overall basis within the Company's plant for full time employees and on a Company wide departmental basis in recalls, promotions, transfers from camp for part- time employees. For the purpose of a part time lay off all part timers shall revert to camp and layoffstheir department of hire. When layoffs are required due Part timers leaving work prior to the completion of seasonal operations, or their shift on a part thereof, each of the employees so affected will day to day basis shall not be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms considered to be supplied by the Company, of their desire to transfer or to be laid a lay off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The CompanyAll students, when filling vacancies, will do so from within probationary employees and part-time employees shall be laid-off prior to the bargaining unit in accordance with Article XIIlayoff of a full-time employee. Notice A list of impending vacancies employees to be laid-off will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded provided to the Union office. Once local union Executive, concurrent with the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing.being issued (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority Seniority records shall be broken if the employee quits, or is discharged posted and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit made available to the Union an alphabetical list, in duplicate, Secretary-Treasurer of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafteron a quarter annual basis. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. 14.01 Seniority as referred to in this Agreement shall mean length of continuous service with the Employer at its warehouse operations in Toronto and Brampton, Ontario, from the employee's last date of hire. It shall have relevance only where specifically set forth and explained with respect to how it is to be applied. Subsequent to the signing of this Agreement, and every six months thereafter, a seniority list shall be posted in two (2) cafeteria areas by the Employer. Employees will have two (2) weeks following such posting to clarify any disputes with respect to such seniority after which the list shall be accepted by the Union and all employees as correct. 14.02 If an employee is hired into the bargaining unit with recognized company service accumulated outside the bargaining unit, such service will be recognized for the purposes of wage and benefit administration and entitlement. In the event that an employee elects to bump into the bargaining unit pursuant to Article 14.06 from other Distribution Centre buildings, previous service earned at that Distribution Centre will be recognized by the Employer as if earned under this collective agreement, for all purposes under this collective agreement. It is further understood and agreed that where article XII is in conflict with Appendix B all members of the bargaining unit employed by the Employer as of the date of execution of this Agreement shall receive full recognition for any service which may have been earned at the Employer's City View Distribution Centre for all purposes under this Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new 14.03 An employee shall be considered on probation and shall have no seniority until he has worked sixty (60) consecutive working days in the bargaining unit. Upon completing such period the employee will be placed on the seniority list as of his last date of hire. An employee on probation shall hold no seniority and the employer shall have the right to discharge, demote, suspend, reprimand, lay off or otherwise discipline a probationary until employee providing they have worked thirty (30) days within act in good faith and in a sixnon-month period. Seniority arbitrary manner. 14.04 When filling permanent vacancies and on lay offs, the skills, ability, dependability and qualifications of new employees together with the results of any tests deemed by the Employer to be relevant shall be established at given consideration. If there is any choice to be made between two employees who are otherwise relatively equal, the end employee having the greater seniority shall receive the preference. In all instances, regular full time (Material Handlers, Maintenance and full-time split case) will be given first preference by seniority and then material processors. The Company may consider personal leaves prior to any lay-off. Recalls from lay off will be conducted by seniority if the employee is capable of this period doing the job. Regardless of seniority, the Chief Xxxxxxx will be the last employee laid off and the first to be recalled. When the work force is reduced, employees will be laid off in the following order: material processor and regular full time. Permanent vacancies are defined as vacancies that are expected to or do last in excess of ninety (90) days, except where relieving for sickness, accident, vacation, leave of absence and maternity/parental leave, or for temporary assignments outside the bargaining unit. 14.05 Employees within the bargaining unit shall have the opportunity to apply in the event a permanent vacancy in the bargaining unit occurs, subject to the criteria set out in article 14.04. To facilitate such applications any such vacancy shall be effective posted for a period of two (2) full clear working days. There will be a maximum of three (3) postings for a vacancy - the original posting to fill the vacancy and the two subsequent postings for the vacancies created. Any further vacancy that occurs after the second subsequent posting may be filled by the Employer without posting. Should the successful applicant to a posting be unsatisfactory, he shall be returned to his former job and the vacancy may be filled from other applicants if any are qualified without further posting. A newly hired employee or an employee who has successfully bid under this article shall not be entitled to bid for a subsequent posted job for six (6) months from the date of employmenthis employment or date of his successful bid except with the Employer's permission. If an employee is going on vacation he will give notice in writing to the Company that he will be considered a candidate for any job posting that may be posted during this time. A copy of the notice will be given to the chief xxxxxxx. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the The employer may lay off employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. working day without regard to the seniority provisions of the Agreement. In the event the Employer reduces or eliminates a department or shift for more than ninety (b90) An employee who has accrued seniority and is employed by Local 324 calendar days the employees affected shall be granted Leave the most junior in the department and may exercise their seniority in another department within any Distribution Centre building in Brampton or Metropolitan Toronto as per article 14.04 and 14.06(b). Such employees affected for less than ninety (90) days shall exercise their seniority within available vacancies at the time of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leaveredundancy. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. It is understood (a) In cases where performance, ability and agreed that where article XII is in conflict qualifications are approximately equal, seniority shall be the deciding factor when decisions are made with Appendix B regard to change of assignment. (b) In the Collective Agreement, in whole event of a proposed layoff at the Health Unit of a permanent or in partlong term nature, the terms Employer will: i) provide the Union, if possible, with no less than two (2) months notice of such layoff; and ii) meet with the Union representatives through the Nurse/Management Committee as per Article 2.1 to review the following: A) the reasons causing the layoff B) the programs which the Employer will undertake after the layoff; and C) the method of implementation including the areas of cut- back and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject nurses to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- be laid off. 12.02 Employment iii) provide to affected employee(s) no less than one (1) months’ written notice of any new employee layoff. In the event of layoffs and recall, seniority shall govern, provided that the nurse with the longer service is willing and qualified to perform the available work. Subject to the foregoing, temporary nurses shall be considered as laid off first followed by probationary until they have worked thirty (30) days within a six-month periodnurses. Seniority of new New employees shall not be established at hired into a classification until those employees in the end same classification on layoff have been given opportunity of this recall. (c) At the time of discussions over a potential layoff, the Employer will provide to the Union a current revised seniority list. (d) Casual work that becomes available on an incidental basis for a period of more than five (5) consecutive days will be offered in order of seniority to employees who are on layoff, eligible for recall, qualified to do the work in question, and shall have previously indicated their interest in such work, before it is offered to casual employees. 6.2 Prior experience in nursing will be effective from recognized by the date of employmentEmployer on a one (1) year for every two (2) years’ prior experience basis. Prior experience in Public Health Nursing will be recognized by the Employer on a year for year basis. In neither case will experience more than twelve (12) years old be considered. (a) i) Seniority will be applied for a full-time nurse shall commence and accumulate from the date on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied she was last hired by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsEmployer. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes shall establish seniority lists based on the principle most recent date of seniorityhire. Copies of such lists shall be brought up to date and posted on the plant bulletin board at six (6) month intervals. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offshall be accumulated on a plant wide basis. 12.02 Employment of any new An employee shall will be considered as probationary on probation and will not be placed on the seniority list until they have he has been in the employ of the Company and has actually worked thirty for ninety (3090) working days within a six-six month period. Seniority After completion of new employees shall said probationary period, the seniority of the employee concerned will be established at back-dated to the end first day worked in said probationary period (“start date”) and the employee’s name will be placed on the seniority list. 12.03 In all cases of this period and shall an increase or decrease in the working force the following factors will be effective from the date of employment.considered: (a) Seniority will Length of service; (b) Skill and ability to perform the work; skill and ability to perform the work may include, prior experience and training in the type of job to be applied on a Company wide basis in recalls, promotions, transfers from camp to camp filled. Assessment of skill and layoffs. When layoffs are required due to ability shall be the completion of seasonal operations, or a part thereof, each responsibility of the employees so affected will employer and shall be permitted to exercise their seniority and transfer to exercised in a job for which they reasonable fashion. Where the qualifications if factor (b) are qualifiedrelatively equal, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given noticefactor (a) shall govern. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will probationary employees shall be the unit first to be laid off and the last to be recalled. 12.04 Promotions to supervisory positions shall not be subject to the provisions of application this Agreement. 12.05 An employee will lose all his seniority if he: (a) Voluntarily leaves the employ of seniority on seasonal layoffs.the Company; (b) The Company, when filling vacancies, will do so from within Is discharged and is not reinstated pursuant to the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 provisions of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because He has been laid off and fails to return to work or to furnish a reason satisfactory to the incumbent has had Company for not so doing within seven (7) working days after the notice to vacate it due return to sickness work is given to him by the Company by registered mail to his last address on file with the Company or injuryotherwise, vacation, bereavement leave, jury duty, subpoenaed witness, and/or or if he overstays a leave of absence not exceeding thirty (30) work days, without providing a satisfactory reason for so doing. 12.06 Employees laid off shall be classified as retained on the seniority lists for a temporary vacancy and shall be filled according to the provisions period of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, years and will be subject to recall in accordance with the provisions of this Agreement. 12.07 It shall be the duty of every employee to notify the Company will notify, in writing, promptly of any change of address and any notice sent by the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent by registered mail to an employee at their given his last address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt as recorded in the records of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority Company shall be broken if the employee quits, or is discharged sufficient and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-offeffective notice. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Agreement (Span America Medical Systems Inc)

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 11.01 The Company recognizes the principle of seniority. Seniority will govern govern, subject to reasonable consideration of skill, efficiency efficiency, and ability, in promotions, transferslay-offs, lay recalls after lay-offs and recalls after lay- offtransfers. 12.02 11.02 Seniority for purposes of this agreement shall be determined by the original hiring dates of the employees. Employment of any new employee shall be considered as probationary until they have he has worked thirty sixty (3060) days within a six-six (6) month period. Seniority of the new employees employee shall be established at the end of this period and shall be effective from the original date of employmenthire. 11.03 The Company agrees to submit to the union office by January 31st each year, a revised seniority list, in duplicate, in seniority order, of all employees covered by this agreement. Such list shall show each employee's occupation, address, and original hiring date. (a) Seniority In cases of lay off, the Company will notify in writing, the men intended to be applied on laid off at least five (5) working days in advance, with a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due copy to the completion of seasonal operations, or a part thereof, each Union Xxxxxxx. Each of the employees so affected will be permitted to exercise their his seniority and transfer to a job job, for which they are he is qualified, provided that, having received advance notice in accordance with section 12.04, the employee that he advises the Company, prior to the effective date of the advance notice and Company in writing on forms to be supplied by the Company, of their his desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) When the approximate time of recall is known at the time of lay off, employees will be informed of such approximate date at that time. In any case, notice in writing, will be sent to an employee at his given address at least fourteen (14) days before he is required to return to work. Employees will be required to report for work on the date specified, unless other arrangements have been made, in writing. 11.05 The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII11.01. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly and newly created jobs will be posted on the bulletin boards board by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirementsrequirements and proposed hours of work. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 Section 11.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (( or a further time as may be mutually agreed, if further additional training time is required). Failure of an employee to qualify shall entitle them him to return to their his former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) 11.06 A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office every six (6) months showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate order of the job classification, whichever is higher. (a) employees. An employee who has accrued established seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) yearand accrue seniority. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employmentSec. (a) Seniority will be applied on a Company wide basis Seniority, as used herein, is defined as the status secured through length of service under this Agreement which entitles an employee to certain preferences provided for in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsthis Agreement. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice Employees laid off on account of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs slack business conditions shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants given preference for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months years from date of lay off. If re- employed within this three (3) year period, their seniority shall be bridged with that which they had at the time of lay off. If re-employed after three (3) years from lay off, they shall be subject to the same employment conditions as new employees. (c) When making reductions in the forces within a department as outlined in Appendix "A", employees with the least amount of seniority shall be laid off first and shall be notified of such lay off in accordance with the provisions set forth in Section 10.17 of Article 10 of this Agreement. Employees who then have been notified of lay off may exercise their seniority by replacing employees in other departments who have less seniority, provided, however, they must have the ability and qualifications to fill such job. 2.02 An employee injured while on duty shall be entitled upon recovery to former position with full seniority rights providing they are physically qualified to return to work. a) Promotions shall be by departments based on seniority in the department. Ability and qualifications being reasonably equal, seniority in the department shall prevail. Line Xxxxxxx will be mutually selected by the Company and the Union. b) When vacancies occur or morewhen new positions are created within the departments outlined in Appendix A of this Agreement, the employees within the department will be given the first opportunity to accept these positions. It The Company will canvas all employees in the department where the vacancy exists. If there are no qualified employees in the department who accept the promotion, the vacancy will be posted, either on bulletin boards or electronically, in all locations within Southeast District covered by this Agreement for five (5) working days. Ability and qualifications being reasonably equal, seniority shall prevail among these employees. A copy of these notices will be emailed to the Local Union Business Representative. When necessary, temporary assignments will be made for the period the position is understood considered open. c) Any employee bidding on a position at a lower rate of pay which they held previously and vacated via the bid procedure, shall not be permitted to bid on a similar position unless it is mutually agreed to by the Company and the Union. d) For the purpose of defining a temporary new position, such a position shall be considered temporary providing it does not continue for more than a period of 180 days. If the position is eliminated within the 180-day period and is re-established before a period equal to or less than the last period of upgrade, then the job shall be considered as permanent and shall be bid in accordance with the provisions of this does section. The foregoing shall not apply to seasonal lay- offstemporary Troubleman and Lead Serviceman jobs which are created for short periods of time. Such temporary Troubleman and Lead Serviceman jobs shall be offered on the basis of seniority to the applicable journeyman lineman or gas mechanic in the area. e) Should an employee decline a promotion, it shall have no effect on future promotions. f) All unsuccessful bidders and the Local Union will be notified when the position is posted has been filled. g) An employee promoted to a new position will be given a reasonable opportunity to demonstrate their qualifications and ability. If they do not qualify within a reasonable time, he/she and the Local Union will be notified of the nature of the disqualification and he/she shall be returned to their previous position. h) All employees who are successful bidders on new positions may, at the option of the Company, be retained in their old jobs, subject to all of its conditions, for a period up to 30 calendar days for the purpose of training a replacement. If such employees have not been released to their new jobs at the end of thirty (30) calendar days after their selection, they shall at that time be awarded their new classification with all of its attendant benefits, including all components of pay normally received by employees working in that classification, plus transfer to their new headquarters, if any. 2.04 Employees of the Company who are now or may be subsequently called under the National Selective Service Act, or who have enlisted in the armed services of the Nation, shall be entitled to all provisions of said Act with respect to their re-employment by the Company on the termination of their service in the armed forces. 2.05 Until successful completion of the two-year Lineman apprenticeship program and one year experience as a journeyman, the employee shall not be eligible for upgrade to Crew Xxxxxxx or Troubleman whether on a permanent or temporary basis nor shall the employee be considered for standby duty.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. 5.01 An employee will be considered on probation and therefore subject to termination without cause or notice and without access to the grievance procedure until he has worked ninety (90) calendar days. Upon completion of this period, he shall be placed on the seniority list in accordance with his date of hire. (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 of more than three (3) days, lay-off, and recall after lay-off, 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 where article XII is in conflict with Appendix B of the Collective Agreement, all cases referred to in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment.Article 5.02 (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp Management shall have the right to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, pass over any employee if it is established that the employee advises does not have the Company, prior ability and physical fitness to perform the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffswork. (bc) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed howeverthat no bumping will be allowed between shifts or classifications, that temporary appointments may except when a permanent vacancy or lay-off occurs. (d) Senior laid off employees will receive training in all job classifications in order to avoid a lay-off. Excluded from the above are the classifications of Maintenance Mechanic “A” (certificate), Electrician, Tractor Trailer Driver, and the lead hands in the Kettle Operators and Furnace/CX Operators classification (not to exceed one per shift). These employees can only be made without posting for filling vacancies bumped by senior employees within the same classification or by senior employees in other classifications who have previously worked within the classification affected. 5.03 Employees shall receive as much notice of lay-off as conditions permit, and in no case shall receive less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days notice exclusive of the first and last days, if they do not receive the notice, they shall receive the pay in lieu of notice. A lay-off shall be defined to include only a planned reduction in production, and exclude emergency conditions. 5.04 Any employees transferred to a position outside of the bargaining unit and who subsequently return to the bargaining unit will do so on the following basis: Employees transferred or promoted prior to any appointment November 4, 1980, will continue to such jobsretain seniority accumulated to October 30, stating the normal job requirements1980. Employees shall not be considered transferred or promoted after November 4, 1980, will retain their seniority in the bargaining unit for such jobsa period of one (1) year only. After this one (1) year period, unless they apply in writing within the five (5) day period. All jobs employees will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return forfeit all rights to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor bargaining unit. 5.05 An employee will be awarded lose his seniority for any of the posting. The Company shall post notices in camps showing following reasons: (a) if he quits; (b) if he is discharged and such discharge is not reversed through the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant.grievance procedure; (c) A job that becomes vacant because if he is laid off and fails to return to work within ten (10) working days of the incumbent has had date of mailing of a registered letter to vacate it due his last known address with a copy to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or the Union Committee; (d) if he overstays a leave of absence not exceeding thirty without reasonable cause; (30e) if he accepts employment with another employer at any time that will interfere with the employees’ work days, shall be classified as schedule at Tonolli Canada; (f) if he absents himself for more than three (3) working days without notifying the Company without a temporary vacancy and shall be filled according satisfactory excuse acceptable to the provisions of Section 12.03(bCompany; (g) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In in the event that of unexpected accident or illlness the employee must advise the Company as soon as possible and upon his return must supply a vacancy is medical certificate from a doctor paid for by the Company if requested by the Company or the insurer, to a maximum of one-hundred ($100.00) dollars. (h) if he does not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created perform work for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating Company for any a continuous period of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who one (1) year plus one (1) month for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed each two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least years of service; two (2) working days in advance, with calendar years plus one (1) month per year of service if due to a copy of such said notice compensable accident or illness. (i) an employee who has lost his seniority will be deemed to the Union Grievance Committee. have terminated his employment. 5.06 The Company will provide two weeks' notice supply the Union with an up-to-date copy of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen seniority list once every three (143) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingcalendar months. (a) An employee's seniority Temporary transfers will not be used to transfer employees on permanent basis and shall not be broken by sickness used to bypass job posting. Therefore, temporary transfers will not exceed twenty-five (25) working days. This twenty-five (25) days does not count in case of sickness, accident, or injury certified by authorized leave of absence where the temporary vacancy that is due to sickness, accident or leave of absence is known to exceed four (4) months, the Company will conduct a licensed physiciantemporary posting. Notwithstanding the above, licensed dentist where the temporary vacancy is in the CX Operator, or licensed chiropractorLead Hand positions, due to sickness, accident or leave of absence and is known to exceed six (6) months or more, the Company will conduct a temporary posting at that time. (b) An employee's seniority If an employee is transferred to another classification for the convenience of the Company, he shall be broken if receive the employee quitsrate for the job, or his own rate, whichever is discharged and not re-instatedgreater. However, if it is for the employee fails to report for work following recall as provided in Section 12.05 convenience of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee he shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee he occupies. (c) A Union Xxxxxxx shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate receive notice of the job classificationtemporary transfer, whichever prior to the transfer taking place. 5.08 Before changing an employee to fill a permanent vacancy (sixty (60) working days or more) that is higherto be fill from within, notice of the vacancy will be posted for three (3) working days. Applications can only be made from forms provided by the Company to be valid. Copies of such forms will be given to the Unit Chairperson. (a) An employee who has accrued seniority and is then employed by All jobs shall be awarded within twenty (20) working days from the Union shall retain such accrued seniority for a period not exceeding one (1) yeardate of removal of the job vacancy announcement. (b) An employee who has accrued seniority and is employed by Local 324 The job vacancy shall be granted Leave filled in accordance with the provisions of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave5.02. 12.11 An employee (c) Employees accepted by management on a posted job who is promoted fail to qualify (or transferred to a position feel dissatisfied with the Company outside the bargaining unit shall retain such accrued seniority for job) within a period not exceeding maximum of one (1) yearpay period (which may be extended by the Company depending upon the operation) shall be returned to their former job. Such move shall be construed as a transfer under paragraph 5.07 (c). 12.12 When jobs are discontinued due to (d) The name of the introduction of new methods and equipment, or due to curtailment of operations, affected employees successful applicant shall be offered alternate employment posted on the bulletin board. (e) An employee applying for and being successful in accordance with Section 12.01 to meet a job posting cannot apply for further posting within a six (6) month period without the Company's labour requirements, mutual consent of the Company and if such employees require training to perform the alternate employment effectively, they Union. (f) Employees shall be trained by allowed to bid on higher classifications, lateral classifications and in lower classifications. (g) Employees shall receive the Company, provided pay rate of the job classification that was posted. 5.09 Where a permanent vacancy for a Lead Hand position is available the Company will post the job for three (3) consecutive days. The senior applicant in the department shall be awarded the position unless it is established that the jobs they employee does not have applied the ability. The employee shall be entitled to be trained for are expected to last receive training for a period of up to six (6) months. The position will be considered probationary for six (6) months, during which time the employee shall receive two (2) evaluations conducted jointly by the Company and the Union. At the end of the probationary period, the parties shall jointly determine whether the position is permanent. The position that the Lead Hand was promoted from will be posted when the Lead Hand job is deemed permanent. 5.10 Where a permanent vacancy for a CX Phase1& 2 Operator position is available the Company will post the job for three (3) months or moreconsecutive days. It The senior CX Phase 1 operator applicant shall be awarded the position unless it is understood this established that the employee does not apply have the ability. The employee shall be entitled to seasonal lay- offsreceive training for a period of up to six (6) months. The position will be considered probationary for six (6) months, during which time the employee shall receive two (2) evaluations conducted jointly by the Company and the Union. At the end of the probationary period, the parties shall jointly determine whether the position is permanent. 5.11 When Tonolli creates new bargaining unit classifications the available positions shall be posted within 30 days and experience gained as a result of that position will not be considered on the posting.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. It 14.01 Seniority date shall be based on the first day for which the employee is understood and agreed that where article XII is in conflict with Appendix B paid. 14.02 When two (2) or more employees commence work on the same day (as per Article 14.01), the procedure for establishing their relative seniority shall be as follows: (a) the employee who commenced work at the earliest hour of the Collective Agreement, in whole or in part, day shall be senior; (b) all other things being equal they should be placed on the terms and conditions seniority list as set out in Appendix B will supersede same 12.01 The Company recognizes determined by the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offUnion. 12.02 Employment of any new employee 14.03 Seniority and all service benefits shall be considered as probationary until they have worked maintained and continue to accrue unless an employee: (a) resigns from the service of the Employer; (b) is discharged for just cause and is not reinstated; (c) is not recalled within a nine (9) month period from date of lay-off; (d) fails to report for two (2) regularly scheduled shifts within a six (6) month period without notifying the Employer unless the employee has good and sufficient cause for failing to report for duty; (i) regular scheduled shifts are understood to include scheduled shifts, approved transfer shifts and mutually agreed upon call-ins. (e) a casual employee who has been contacted by the Employer and has declined or been unavailable to work for a period of thirty (30) days. (f) appointment date will be adjusted forward for the lengths of all leaves greater than thirty (30) days within a six-month period. Seniority of new employees shall be established at granted under Article 8.03 (e) except those that are granted for education upgrading and training which provides instruction that is related to the end of this period and shall be effective from employee’s employment opportunities with the date of employmentEmployer or those that are granted for xxxxxx parenting. (ag) fails to maintain and / or obtain a gaming license as administered by the Saskatchewan Liquor and Gaming Authority. 14.04 Seniority will shall be applied administered on a Company bargaining unit wide basis unless otherwise specified in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or this Agreement. 14.05 The Employer shall prepare a part thereof, seniority list showing each of the employees so affected will be permitted to exercise their employee’s seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid offdate. The Company will provide the Union Grievance Committeelist shall be completely revised semi-annually in January and June, prior subject to the intended layoff, with a review. The list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will shall be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the Union bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before where they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writinglocated. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority rights of Operators will be applied on exercised only as provided in this Agreement. The right to pick a Company wide basis in recallsregular posted assignment shall be governed by seniority. Where such assignments have two complete shifts, promotionsthe Operators assigned to such assignments shall alternate shifts a week about. Regular assignments, transfers from camp to camp and layoffsas designated by the Employer, shall be runs which require approximately a standard work week of not less than forty (40) hours. When layoffs are required due to the completion of seasonal operations, or An employee performing a regular assignment shall have their pay reduced by any part thereof, each of the employees so affected assignment not performed by the employee. Any route changes that affect run duration will be permitted deferred until the next formal pick. Operators shall make their choice of assignments according to exercise their seniority seniority. Such assignments are to take effect the first Sunday which starts a pay period in the months of March, June, September and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, December. Operators will select such assignments during the employee advises the Company, third week prior to the effective date of the advance notice and in writing on forms pick. Operators will make their picks by seniority as follows: Tuesday - Operators 1 - 12 Wednesday - Operators 13 - 24 Thursday - Operators 25 - 36 Friday - Operators 37 - 48 Saturday - Operators 49 - 60 Sunday - Operators 61 - end Pick periods will be scheduled at 40 minute time intervals until 4:00 P.M. of the pick day. If an Operator fails to pick an assignment as scheduled, such Operator will be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior assigned to the intended layoffspareboard. If an Operator is off sick or on compensation at the time of the pick, with the Operator shall present proof at the designated pick time, by a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed medical practitioner that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority Operator will be applied only when operations continue able to return to work within 30 days of posting of the pick in other districts for more than one (1) weekorder to exercise the Operator’s pick privileges. If the Operator fails to return to work within 30 days of the Operator’s designated pick time, otherwise upon the district Operator’s return, the Operator will be assigned to the unit spareboard for the duration of application the pick. Regular assigned Operators will be allowed to forfeit without pay, a two (2) hour lunch relief assignment (or such longer period that is a lunch relief assignment) when that assignment is their only assigned work for that day. Upon picking their run assignment, they will sign a form stating that they do not wish to work the assignment in question for the duration of seniority on seasonal layoffsthe pick. (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least Operators scheduled to work greater than five (5) working days. It is agreed however, that temporary appointments may consecutive hours will be made without posting for filling vacancies of less than provided a thirty (30) calendar days durationminute paid lunch period. 10:02 The seniority rank of Operators entering the service will be determined by the hour and date first service is performed for which pay is received under this Agreement, without instruction. Newly created jobs In establishing the first seniority roster it is understood that only the service performed for the Transit Department by the individual Operators will be considered. A current seniority roster will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirementsFebruary 1st each year. Employees shall not Any protest in seniority rosters must be considered for such jobs, unless they apply made in writing within thirty (30) days from time of posting or no further action will be taken. Current seniority rosters and other information relative to seniority or leave of absence will be furnished to the five Union representative. 10:03 Seniority is an exclusive right and under the jurisdiction of Local 1767 of the ATU. All employees shall hold their seniority in accordance with their continuous employment with the Corporation of the City of Sault Ste. Xxxxx Transit Services. Top 3 Spareboard Operators (5not on Sick Leave or WSIB) may choose to start their work week on Monday. Their choice will be in effect for the duration of the pick. If a Relief Inspector occupies one of these positions, it will be passed down to the next senior Spareboard Operator. Relief Inspector's days off will be assigned at the discretion of the Scheduler. When Spareboard Operators are required, the senior operator in point of service will be called for duty, and will be paid a minimum of two (2) hours. The employee will be paid for all time worked, computed on the closest 5 minute basis. Where practical, and where no added costs to the Employer are incurred, rest days will be assigned in consecutive pairs. An Inspector will be allowed to cover emergency work until an Operator reports for duty. When an Operator who is on a regular picked run is called out from home to report for work within the hour, the employee will be paid a 4 hour minimum call out. Such call out hours will not be used in the calculation of overtime under Article 11:00. 10:04 When a spare Operator is called and not available for work, the next in point of service will be called and so on until the vacancy for a spare Operator is filled. Spare Operators who have been called and are not available shall lose their turn. 10:05 The City will select the Operators to be sent on charter trips outside the City limits. 10:06 When forces are reduced, Operators shall be taken off in the reverse order of seniority and will retain all rights and privileges. Operators furloughed on account of reduction in forces will be privileged to work elsewhere and retain their seniority. They must maintain on record with the City their correct address and renew same every thirty (30) days. Operators will be called back to service in seniority order according to the following procedure. The City will advise each Operator to be recalled by registered mail or telegram. A copy of such recall notice will be furnished to the Union representative. An Operator receiving such notice will acknowledge receipt of same by registered mail or telegram within seven (7) days, advising the City that the employee will be available for service, which date must not be later than fifteen (15) days from the date the City forwarded recall notices. In extenuating circumstances the fifteen (15) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as limit may be mutually agreedextended at the discretion of the Manager of Transit & Parking. Furloughed Operators failing to comply with these regulations will forfeit their seniority rights and be considered as out of service. 10:07 An operator appointed to a position not governed by this Agreement provided the appointment is less than six (6) consecutive months, if further training time is required). Failure of an employee to qualify shall entitle them have the right to return to their former job position as Operator without loss of seniority. 10:08 An employee's employment shall be considered terminated and their seniority or benefits. In cancelled when: (a) the event there are no successful biddersemployee quits their employment, or (b) the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants is discharged for all posted vacancies and newly created jobs. All postingscause, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicant.or (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or employee overstays a leave of absence not exceeding thirty (30) work days, shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingwithout reasonable cause. (a) An employee's seniority shall not be broken by sickness The parties agree to the following conditions regarding employees absent from work due to non-occupational illness or injury certified by a licensed physician, licensed dentist or licensed chiropractor.accident: (bi) An employee's seniority shall be broken if During the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for first twelve (12) months or more, with of any such absence the exception that continuity City agrees to provide at its cost all benefits set out in articles 16:01 and 16:02. (ii) At the end of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of such twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical listmonth period, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company such employee will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate responsible for the job to which the employee is transferred. In case total cost of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherall benefits set out in Articles 16:01 and 16:02. (aiii) An The City agrees to maintain the seniority of such employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a 36 month period not exceeding one (1) yearafter which employment will be terminated. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence absent from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued work due to an occupational illness or accident for which WSIB is paid will be provided as follows: (i) During the introduction first 24 months of new methods such absence the City will provide at its cost all benefits set out in Articles 16:01 and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs16:02.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. ‌ Section 1. The Employer shall use the factors of experience, qualifications, capabilities and seniority in awarding promotions to employees when filling newly created or vacated positions. Where two or more candidates for a position are determined to be equivalent in experience, qualifications and capabilities, then the more senior shall be appointed. It is understood and agreed that where article XII is in conflict with Appendix B the intention of the Collective Agreementparties to this Agreement that preference in promotions shall be granted to persons already employed. Section 2. Lay-offs caused by reduction in force shall be in order of seniority; that is, the employee last hired shall be the first released except when there is no available qualified personnel left to carry out the work in a class, in whole or which case management can retain a qualified person with less seniority. Employees who are scheduled to be released shall be given at least 10 working days’ notice. All recalls to employment shall likewise be in partorder of seniority; that is, the terms last employee released as a result of reduction in force shall be the first rehired when the Employer needs additional employees. The Employer shall notify such employees to return to work and conditions as set out furnish the Federation a copy of such notification; and if the employee fails to notify the Employer in Appendix B will supersede same 12.01 The Company recognizes the principle writing within 5 calendar days of seniority. Seniority will govern subject his/her intention to reasonable consideration of skillreturn to work, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new such employee shall be considered as probationary until they have worked thirty (30) days within a sixhaving forfeited his/her right to re-month periodemployment. Section 3. Seniority of new employees shall be established at the end of this period and shall be effective computed from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises began regular uninterrupted service with the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from Employer within the bargaining unit in accordance with Article XIIunit. Section 4. Notice Employees whose seniority dates are the same shall have their respective seniority rank determined alphabetically by last name, first name, and then middle initial. Section 5. Within 30 calendar days after the date of impending vacancies will be posted on signing this Agreement, the camp bulletin board for Employer shall prepare and furnish to the Federation sufficient copies of a seniority roster of all employees hereunder, so that the Federation may distribute them to its members. A. Such roster shall at least five (5) working days. It is agreed howeverinclude: numerical seniority rank assigned; name of each employee, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs and seniority date. B. Such roster shall be allowed five (5) work days in which revised every six months if necessary. C. Employees may protest their seniority designation through the usual grievance procedure if they have cause to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of believe an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant error has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantmade. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, Section 6. Seniority shall be classified as a temporary vacancy and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness discharge for cause or injury certified by a licensed physicianvoluntary termination, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quitslay- off which exceeds six calendar months, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-offwithout pay which exceeds six calendar months. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B 9.01 An employee's seniority date shall date from the date upon which they entered the employ of the Collective AgreementCompany. However, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee employees shall be considered as probationary until they have worked thirty (30) days within a six-month periodperiod of twelve (12) months before their names are placed on the seniority list. 9.02 For the purposes of this Agreement seniority shall accumulate throughout the total period during which an employee has been on the payroll of the Company. Seniority of new employees Accumulated seniority shall be established at lost on termination of employment. However, accumulated seniority shall not be lost if such termination is due to lay off and the end individual returns to employment from his layoff when called upon to do so (but otherwise he shall lose his seniority), and also provided that the lapse of this period and shall be effective from time between the date of employmenttermination for such reason and the date of reemployment does not exceed twelve (12) months. If an employee is absent from work because of sickness or accident and receiving benefits he or she shall not lose seniority rights and these days of absence shall be considered as days worked for all purposes of this Agreement excluding the wage rate progression as outlined in Schedule "A". No credit shall be received for any period in which the employee would otherwise have been laid off. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp Any employee who has been notified by double registered letter to camp return to work and layoffs. When layoffs are required due fails to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. (b) The Company, when filling vacancies, will do so from or fails to contact the office within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating advise the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing Company that he will report within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs days or such longer period as agreed, shall be allowed considered to have quit his employment voluntarily and his existing seniority rights shall thereupon be terminated; or (b) Any employee who fails to be notified by double registered letter at the last known address shall have five (5) work working days in which from the date the employer receives the undelivered double registered letter to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee contact the office to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, advise the Company that he will forward to the Union a list of all applicants and identify the successful applicant. report within five (c5) A job that becomes vacant because the incumbent has had to vacate it due to sickness days or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work dayssuch longer period as agreed, shall be classified as a temporary vacancy considered to have quit his employment voluntarily and his existing seniorityrights shall thereupon be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular jobterminated. 12.04 In case of layoff which is 9.04 Provided that in employee has the ability to exceed two (2) working daysperform the work, the Company will notifylast employee hired shall, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due layoff, be the first laid off. In rehiring, the last employee laid off shall, subject to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of Godthe above provision, be the first rehired. 12.05 When the approximate time 9.05 Any employee to be laid off out of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority order shall be broken if given the employee quits, or is discharged and not re-instated, if the employee fails opportunity to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training prove his ability to perform the alternate employment effectively, they required work before being laid off. Ability being sufficient after a reasonable trial to do the job seniority shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or moreprevail. It is understood this does A reasonable trial shall not apply to seasonal lay- offs.exceed twenty

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. It is understood 10.01 Seniority' shall mean an Employee's length of service, calculated in regular hours worked and agreed that where article XII is in conflict with Appendix B of divided by one thousand eight hundred twenty (1820) from the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniorityappointment date (Article 31.03 - Definitions). Seniority will govern subject to reasonable consideration of skill, efficiency and ability, shall be affected as described below in promotions, transfers, lay offs and recalls after lay- offArticle 10.02. 12.02 Employment of any new employee shall 10.02 Seniority accrual will be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at affected in the end of this period and shall be effective from the date of employment.following circumstances: (a) Seniority will The seniority of Employees who were in YusApuY Unit 1 positions prior to the ratification of this Agreement, where hours of work were other than full-time, (one thousand eight hundred and twenty (1820) hours per year), shall be applied determined on a Company wide pro-rata basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04the proportion of full-time hours worked, the employee advises the Company, prior to the effective date of the advance notice and except as provided for elsewhere in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given noticethis Agreement. It is understood agreed, however, that such Employees shall accrue seniority for unpaid hours to a maximum of four hundred fifty-five (455) hours per year. If, for reasons other than layoff, an Employee, affected by this article, accepts another position in the bargaining unit, seniority from the date that the Employee starts the new position will henceforth be calculated as outlined in Article 10.01 above, and agreed that when layoffs are occasioned by the completion provisions of seasonal activities, Company-wide seniority this Article will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffsno longer apply. (b) The Companyseniority of Employees who were in YusApuY Unit 3 prior to the ratification of this Agreement, when filling vacancies, will do so from within the bargaining unit shall be calculated in accordance with Article XIIthe provisions of Article 10.01. Notice of impending vacancies Seniority will be posted on the camp bulletin board for at least five (5) working days. It is agreed howevercalculated from December 2, that temporary appointments may be made without posting for filling vacancies 1996 or date of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee position in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantbargaining unit. (c) A job that becomes vacant because the incumbent has had to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or An Employee who takes a leave of absence not exceeding thirty (30) work days, without pay to fill a full-time position in YusApuY shall be classified as a temporary vacancy and shall be filled according continue to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of accrue their applicable seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of during such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingleave. (ad) An employee's Temporary Employees may use their accrued seniority shall not be broken by sickness or injury certified by to apply for a licensed physicianposition as provided for in Article 12 - Job Posting, licensed dentist or licensed chiropractorfor a maximum of four (4) calendar months after completion of the temporary assignment. (be) An employee's Employees, while on sick leave, shall continue to accrue their applicable seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 a period of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse or until expiration of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classificationsick leave credits, whichever is highergreater. (af) An employee who has accrued seniority Employees on a combined leave (pregnancy and is then employed by the Union parental) shall retain such accrued accrue their applicable seniority for a period not exceeding one (1) yearthe duration of such leaves. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. It is understood and agreed that where article XII is in conflict A. An officer's seniority with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off. 12.02 Employment of any new employee Lawton Police Department shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied determined by the Companyfollowing: 1. Police Officers -The officer's most recent "Date of Entry" with the Lawton Police Department. If two or more officers, of their desire to transfer or to be laid off. The Company will provide hired after June 30, 1988, are hired on the Union Grievance Committeesame date, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts determined between them by the Chief of Police at time of hire. If two or more officers were hired on the same day before July 1,1988, their seniority was determined by a one-time drawing by the Chief of Police pursuant to the terms of the 1988-1989 agreement. 2. Police Supervisors -The supervisor's most recent "Date of Rank" within the Lawton Police Department, as determined by the Chief of Police at time of promotion. B. An officer's seniority with the Lawton Police Department shall be used, within the division the officer is assigned, to assign the following: 1. Vacation Leave 2. Compensatory Days Off 3. Regular Days Off 4. Lay Off and Recall 5. Shift, provided, however, that the City may assign an officer with less than eighteen (18) months from date of hire to any shift without regard to his/her shift preference so as to insure that said officer's assignments during their first eighteen (18) months of service provide full training on all shifts to the extent deemed appropriate by the City. No new officer shall be assigned to any one shift for more than one year. Vacancies occurring by virtue of shift assignments of new officers under this provision shall be filled by: (1a) weekvolunteers; or, otherwise the district will be the unit of application of seniority on seasonal layoffs. if none, (b) The Companyby seniority with reference to the "needs of the service." To the extent possible, when filling vacanciesand consistent with training requirements and needs of the service, will do so dislocations arising from within the bargaining unit in accordance with Article XII. Notice rotation of impending vacancies new officers will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on new officer ranks as has been done historically during officers' first year of service. Master Officers will be assigned according to the basis needs of Section 12.01 service by seniority. C. A supervisor may depart from the use of this Agreementseniority due to "needs of the service". Employees accepting the posted jobs The "needs of service" determination shall be allowed five (5) work days applied as determined by the Supervisor. Upon request of the affected officer, a supervisor making assignment different from an officer's established seniority position shall state in which to qualify, (or a further time as may be mutually agreed, if further training time is required)writing his/her reasons for departure there from. Failure A copy of an employee to qualify the supervisor's reasons shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once officer, and the successful applicant has been appointed, Chief of Police within seven (7) calendar days of the Company will forward to the Union a list of all applicants and identify the successful applicantquestioned assignment. (c) A job that becomes vacant because D. The City shall maintain the incumbent has had to vacate it due to sickness or injuryseniority list for Police Officers, vacationPolice Supervisors and Master Officers, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work days, which shall be classified as a temporary vacancy posted, and shall be filled according to the provisions of Section 12.03(b) and the job posting will note that it is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not availablekept updated, spare operators will fill all temporary vacancies and third shifts when created for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, the Company will notify, in writing, the employees intended to be laid off, at least two (2) working days in advance, with a copy of such said notice to the Union Grievance Committee. The Company will provide two weeks' notice of layoff in the case of shutdowns due to market conditions or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writingLawton Police Department Bulletin Board. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higher. (a) An employee who has accrued seniority and is then employed by the Union shall retain such accrued seniority for a period not exceeding one (1) year. (b) An employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. (a) An employee, other than anyone hired and designated as temporary, shall acquire seniority status after he/she has been in the employ of the Company for a probationary period of one hundred and eighty (180) consecutive days. It is understood and agreed that where article XII in cases of absence beyond ten (10) consecutive days, the Company may extend the probationary period by the total number of consecutive days absent. (b) Seniority shall govern on all occasions when: (i) a layoff which the Company expects to remain in effect for more than one (1) week occurs provided employees are sufficiently qualified. Sufficiently qualified shall be deemed to mean that the employee is in conflict with Appendix B qualified to perform the normal duties of the Collective Agreementjob. In the event of a workforce reduction, in whole or in part, the terms and conditions employees designated as set out in Appendix B temporary will supersede same 12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- offbe terminated before any regular employee. 12.02 Employment of any new employee shall be considered as probationary until they have worked (ii) a transfer or a promotion to a classification included in Schedule "A" which the Company expects to remain in effect for more than thirty (30) days within a six-month periodoccurs, provided however, that the senior employee has qualifications equal to or better than those of other employees. Seniority of new employees shall be established at If any such temporary layoff, transfer or promotion should subsequently become permanent, or exceed the end stipulated time limits, the provisions of this period and shall be effective from the date of employment. (a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs. clause (b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to shall apply immediately but such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified applicants on the basis of Section 12.01 of this Agreement. Employees accepting the posted jobs application shall be allowed five (5) work days in which to qualify, (or a further time as may be mutually agreed, if further training time is required). Failure of an employee to qualify shall entitle them to return to their former job without loss of seniority or benefits. In the event there are no successful bidders, the junior employee in the transition contractor will be awarded the posting. The Company shall post notices in camps showing the names of successful applicants for all posted vacancies and newly created jobs. All postings, internal and external, permanent or temporary will be forwarded to the Union office. Once the successful applicant has been appointed, the Company will forward to the Union a list of all applicants and identify the successful applicantretroactive effect. (c) A job that becomes vacant because For the incumbent has had purpose of this Agreement, seniority shall be calculated from the date an employee first enters the bargaining unit under this Collective Agreement with the Company or its predecessor. Employees who leave the bargaining unit and transfer to vacate it due to sickness or injury, vacation, bereavement leave, jury duty, subpoenaed witness, and/or a leave of absence not exceeding thirty (30) work daysnon-bargaining unit role, shall be classified maintain and continue to accumulate seniority for thirty-six (36) months of subsequent employment with the Company or its predecessor except that following thirty-six (36) cumulative months of subsequent employment, only seniority accumulated as a temporary vacancy member of the bargaining unit will be maintained. It is understood by the parties that this paragraph applies only to employees who leave the bargaining unit and transfer to a non-bargaining unit role, subsequent to January 28, 2007. It is understood that employees who left the bargaining unit, for any reason, prior to January 28, 2007 shall maintain and continue to accumulate seniority for the total period of their subsequent employment with the Company or its predecessor. An employee’s seniority shall be filled according lost if the employee is laid off for more than eighteen (18) months. This paragraph shall not apply to the provisions of Section 12.03(b) anyone hired and the job posting will note that it designated as temporary. An employee, other than anyone hired and designated as temporary, who is of a temporary nature. The unit of application of seniority on temporary vacancies is the camp. In the event that a vacancy is not filled from within the camp unit it shall be filled on an area basis. When regular operators are not available, spare operators will fill all temporary vacancies and third shifts when created laid off for the xxxxx to roadside workforce. The employee who had occupied the job upon their return to work shall once again occupy the job that they had filled prior to vacating for any of the reasons set forth above provided however, that the job is still in effect and it is not filled by a senior employee who for reasons of notice of lay-off from their former job has exercised their seniority on this particular job. 12.04 In case of layoff which is to exceed two (2) working days, weeks or less as the result of a layoff which the Company will notify, expects to remain in writing, the employees intended to be laid off, at least effect for two (2) working days weeks or less, will be credited with seniority for such period upon return to work from such layoff. (d) When an employee who has been in advancea classification for twenty-six (26) or more consecutive weeks is regressed to a lower classification due to lack of work, with a copy of such said notice to the Union Grievance Committee. The Company he/she will provide two be given four (4) weeks' notice of layoff in the case of shutdowns due to market conditions such regression or plant shutdowns. It is understood however that this shall not apply in cases of full or partial cessation of operations due to weather or an act of God. 12.05 When the approximate time of recall is known paid at the time of layoff, employees leaving camp will be informed of such approximate date at that time. But in all cases notice in writing, will be sent to an employee at their given address at least fourteen (14) days before they are required to report for work. Employees will be required to acknowledge receipt of such notice and report for work on the date specified, unless other arrangements have been made, in writing. (a) An employee's seniority shall not be broken by sickness or injury certified by a licensed physician, licensed dentist or licensed chiropractor. (b) An employee's seniority shall be broken if the employee quits, or is discharged and not re-instated, if the employee fails to report for work following recall as provided in Section 12.05 of this Agreement, if the employee fails to return from leave of absence on the date specified unless they have been prevented from returning on time by circumstances beyond the employee’s control and the Company has been so notified, and if they have been laid off for twelve (12) months or more, with the exception that continuity of service will extend up to, but not more than twenty-four (24) months if requested in writing by the employee before the elapse of twelve (12) full months or lay-off. 12.07 The Company agrees to submit to the Union an alphabetical list, in duplicate, of employees covered by this Agreement as of April 1st, showing Company seniority dates. The Company will endeavor to have this list sent to the Union by the first of May of each year thereafter. 12.08 A seniority list shall be prepared and posted monthly in each camp and forwarded to the Union office showing the seniority date and posting/position held of each employee with the Company. 12.09 In transfers from one job classification to another senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the job to which the employee is transferred. In case of a temporary change to a lower job classification, the employee shall retain the rate of their previous job classification. For determining the rate of pay for pieceworkers transferred to day work, the rate specified for Xxxxxx-Xxxxxx (Tree Length Skidding) shall apply, or the rate of the job classification, whichever is higherhigher classification in lieu of such notice. (ae) An Seniority shall terminate and an employee who has accrued seniority and is then shall cease to be employed by the Union shall retain such accrued seniority for a period not exceeding one (1Company if: i) year. (b) An the employee who has accrued seniority and is employed by Local 324 shall be granted Leave of Absence absent from the Company. The employee will go back to the position they held prior to their leave upon returning from said leave. 12.11 An employee who is promoted or transferred to a position with the Company outside the bargaining unit shall retain such accrued seniority for a period not exceeding one (1) year. 12.12 When jobs are discontinued due to the introduction of new methods and equipment, or due to curtailment of operations, affected employees shall be offered alternate active employment in accordance with Section 12.01 to meet the Company's labour requirements, and if such employees require training to perform the alternate employment effectively, they shall be trained by the Company, provided that the jobs they have applied to be trained for are expected to last for a period of three (3) months or more. It is understood this does not apply to seasonal lay- offs.twenty-four

Appears in 1 contract

Samples: Memorandum of Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!