SENIORITY. 16.01 Seniority is defined as the employee's hours of work since the employee's most recent date of hire, and shall accumulate based on straight-time hours. 16.02 Straight-time hours for the purposes of this Article shall also include: a) paid holidays; b) paid vacation; c) leave while in receipt of wage-loss benefits under the d) paid sick leave; and e) approved leaves under Article 22. 16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year. 16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority. 16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons: a) the employee quits; b) the employee retires; c) the employee is discharged for just cause and is not reinstated; d) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission; e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same; f) the employee utilizes a leave of absence for purposes other than those for which it was granted; g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work; h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee. 16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion. 16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees. 16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
SENIORITY. 16.01 Section 1 Seniority is defined as shall be an employee’s uninterrupted length of continuous service with the Employer commencing with the employee's hours of work since the employee's most recent ’s date of hire. An employee shall have no seniority for the initial probationary period, and but upon completion of the probationary period, seniority shall accumulate based on straight-time hoursbe retroactive to the date of hire.
16.02 Straight-time hours for the purposes of this Article Section 2 Continuous service and seniority shall also includebe broken and an employee will be terminated when an employee:
a) paid holidaysa. Resigns;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee is b. Is discharged for just cause and is not reinstatedcause;
dc. Is laid off for more than one (1) the employee is absent from year;
d. Retires;
e. Fails to report to work without permission for more than three (3) consecutive working days without having given the Employer advance notice of his/her pending absence, unless he/she is physically unable to do so as established by clear and convincing evidence;
f. Fails to report to work within seventy-two (72) hours of expiration of an approved leave of absence, unless otherwise mutually-agreed to extend and secured in writing, or more unless an explanation satisfactory he/she is physically unable to do so as established by clear and convincing evidence; or
g. Fails to report to work within five (5) working days of receipt of notice of recall from lay-off, provided by certified mail, addressed to the Employer is given by employee’s last known address as shown on the Employer’s records, unless the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails unable to return to work without an acceptable reason immediately after the Employer has been notified by for a physicianmedically-proven reason, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has verified in its files for that employee and such mailings shall be deemed to have been received writing by the employee’s physician.
16.06 Section 3 If two (2) or more employees are hired or appointed on the same date, their relative seniority shall be determined by the drawing of lots.
Section 4 The Employer agrees to post shall provide the Union with a current seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so list within thirty (30) calendar days after the signing of such postingthe Agreement and annually thereafter. If no challenge is The seniority list shall be made within thirty (30) daysup by classification and shall contain, in order of date of hire, the employee's seniority shall be deemed correct. Such information shall be provided in electronic formatname, such as Microsoft Exceldepartment, and will be provided securely in an agreed upon fashiondate of hire of each employee.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. 16.01 21.01 Seniority is shall be defined as the employee's hours length of work since the employee's most recent date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment continuous service with the Employer outside within the bargaining unit unit. Casual employees will have seniority only over other casual employees, and if a casual employee is placed into a part-time or full-time position without a break in service, the employee’s seniority will recommence at that point. Seniority for those employees who request to be casual employees shall be calculated only using the length of continuous service as a casual employee. Seniority for employees who are reduced to casual from part-time or full-time position due to a lay-off will maintain their seniority over other casual employees as a casual and continue to accumulate seniorityaccrue their seniority for their eventual recall to a part-time or full-time position.
16.05 The seniority 21.02 Seniority shall accumulate during all paid and unpaid authorized leaves of an employee absence.
21.03 Seniority shall be lost considered broken and employment automatically services terminated if an employee:
(a) is discharged with just cause by the Employer;
(b) voluntarily quits or resigns;
(c) has been laid off continuously for any a period of twelve (12) months or is called back to work after layoff and does not return to work within seven (7) calendar days of receiving direct contact with a management representative of the following reasons:
aEmployer or ten (10) the employee quitscalendar days of a registered letter being issued to their last known address;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstated;
(d) the employee is absent from work without permission a written leave of absence for more than three two (32) consecutive working calendar days or more unless an explanation satisfactory to the Employer a reasonable reason is given by the employee for both the absence and the failure to request permissionemployee;
(e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without on the completion of an acceptable authorized leave of absence, unless a reasonable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to workgiven;
h(f) if the is a casual employee is recalled to work and fails to return within who refuses four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of shifts in a row (for which the employee that the Employer has previously indicated their availability to work), excluding periods of illness, vacation, maternity leave, etc.;
(g) who is a casual employee who has not worked any shifts in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty consecutive months (30excluding periods of illness, maternity leave/parental leave, etc.).
21.04 (a) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority Seniority shall be deemed correct. Such information shall be provided the governing factor in electronic formatmatters of promotion, such as Microsoft Excelawarding of a new position or vacant position, and will be provided securely relieving another employee in an agreed upon fashiona higher paid classification, providing the employee presents the required qualifications and ability to perform the normal requirements of the job.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 3 contracts
Samples: Collective Agreement, Collective Bargaining Agreement, Collective Agreement
SENIORITY. 16.01 Seniority is defined as 30.1 The Employer will provide the employee's hours of work since the employee's most recent Union President a seniority list for department #1 twice per year, showing names, positions and seniority date of hire, and shall accumulate based on straight-time hourseach permanent employee.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 30.2 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall status once acquired by permanent employees will be lost and employment automatically terminated only for any of the following reasons:
a) the employee quitsvoluntary resignation;
b) discharge for just cause not reversed through the employee retiresgrievance procedure;
c) continuous non-employment by reason of layoff, sickness or accident for a period of time equal to one- half (1/2) the length of their seniority at the time the absence or layoff commenced, or for a period of twenty- four (24) months, whichever is the lesser; unless medical information indicates that a return to work is possible. In this case, the Employer will accommodate the employee is discharged for just cause and is not reinstated;to the point of undue hardship.
d) subject to the provisions of Article 14 herein, continuous non-employment for any reason not identified above, for a period of time equal to one-half (1/2) the length of their seniority at the time the absence commenced or for a period of twelve (12) months, whichever is lesser;
e) failure to signify intention to return to work after recall from layoff within seven (7) calendar days following proper notification by the Employer by registered mail sent to the permanent employee is absent at the last address provided by the permanent employee to the Employer, and failure to return to work after an additional seven (7) calendar days following such notification. If a permanent employee notifies the Employer within said seven (7) calendar days that they are unable to return to work within the prescribed time for a legitimate reason, their name will not be struck from the seniority list. Their name, however, may be passed over and the next in line of seniority may be recalled. These time limitations may be extended for valid reasons, such as sickness, death in the family, accident and other legitimate reasons.
f) absence from work without permission justifiable excuse for more than a period of three (3) consecutive scheduled working days or more unless an explanation satisfactory to days. In the event that a permanent employee has so lost their seniority status, they shall no longer be regarded as a permanent employee covered by this Agreement, and the Employer is shall not be obligated to rehire them.
30.3 If any permanent employee having served their probationary period becomes disabled and unable to continue in their regular job, then preference will be given by to them in filling any other job vacancy for which they have the employee for both skills, qualifications and abilities to fill at the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need prevailing rate for the extension and new job within the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home addressbargaining unit. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees that it has the duty to post seniority lists for accommodate to the point of undue hardship in accordance with the Ontario Human Rights Code.
30.4 A permanent employee, transferred or promoted to a position outside of the bargaining unit employees every six or to a different seniority list, but within the Transit Division, shall continue to accumulate seniority the same as if they were working at the job at which they were working when so transferred:
a) for a period of three (63) monthscalendar months in the event they move to a permanent vacancy outside of the bargaining unit or to a different seniority list, unless prior to the expiration of three (3) calendar months they are returned to the bargaining unit, in which case the Union shall be advised in writing a minimum of forty eight (48) hours prior to their return.
b) for a period of twelve (12) continuous calendar months in the event they move to a temporary vacancy outside of the bargaining unit. Employees who wish to question their seniority must do so within thirty (30) days This may be extended by mutual written consent of such postingthe parties. If no challenge is made a promoted or transferred permanent employee returns to their former position within thirty (30) daysthe period referred to above, the employee's seniority they shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashionplaced at the bottom of the seniority list for work preference until the next sign-up.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
SENIORITY. 16.01 Seniority is defined as the employee's hours of work since the employee's most recent date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
(a) paid holidays;
b) paid vacation;
c) leave while Seniority, as referred to in receipt this Agreement, shall mean the length of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority continuous service of an employee within the bargaining unit.
(b) Seniority shall be lost include the following:
(i) Continuous service with the Ottawa-Carleton Housing Authority and the Ottawa Housing Corporation, and
(ii) Continuous service with the City of Ottawa, the City of Ottawa Non-Profit Housing Corporation (City Living) and the Ottawa Community Housing Corporation.
12.02 Seniority shall commence from the first day of continuous employment automatically terminated for any of provided that the employee has completed the probationary period.
12.03 Seniority shall accumulate under the following reasonscircumstances:
(a) the employee quits;
b) the employee retires;
c) When the employee is discharged for just cause and is not reinstatedon the active payroll of the Employer;
(b) When the employee is off the payroll due to an authorized lay off of twelve months or less;
(c) When the employee is off the payroll due to an accident and when the employee is receiving compensation under the Workplace Safety and Insurance Act and the predecessor Worker's Compensation Act, and when the employee has not accepted employment with another employer;
(d) When the employee is off the payroll on any leave of absence authorized by the Employer and/or under the provisions of this Agreement, except in those situations covered by a leave of absence without pay in excess of twenty (20) days.
12.04 An employee shall lose seniority when he/she:
(a) Voluntarily resigns or leaves the employment of the Employer or is absent from work without permission authorization for a period in excess of five working days, unless the employee has a reason acceptable to the employer, in which case it shall be deemed to be a voluntary termination;
(b) Is discharged and not reinstated;
(c) Is off the payroll for a continuous period of more than twelve (12) months as a result of a lay off;
(d) Fails to report to work within three (3) consecutive working days or more after having been notified of a recall to work following a lay off unless an explanation satisfactory the employee has a reason acceptable to the Employer is given by the employee for both the absence and the failure to request permissionEmployer;
(e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails Fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that upon termination of authorized leave of absence unless the employee is able has a reason acceptable to return the Employer, such failure shall be considered as a voluntary termination.
12.05 No employee shall be transferred outside the scope of this Agreement without their consent. In the event an employee, covered by this Agreement, accepts to work;
h) if be transferred to a position outside the scope of this Agreement and at a later period, returns to a position within the scope of this Agreement, the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to shall retain the employee's home address. Such mailing shall be to the last address of seniority which the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from held at the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and transfer but shall not affect an employee's accumulate any additional seniority rightsfor the period during which the employee held a position outside the scope of this Collective Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY. 16.01 Section 32.1. Seniority is defined as the employee's hours uninterrupted length of work since continuous service with the employee's most recent Belmont County Department of Job and Family Services provided that the seniority dates of employees hired prior to September 5, 1990 shall not be altered by this section. Seniority shall be calculated in calendar days of employment from the last hiring date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for or re- employment following a break in service. For the purposes of this Article shall also include:
aa tie breaker for those employees affected by the merger of the agencies, the order of seniority will be determined in accordance with their time with the agency. In the event two (2) paid holidays;
b) paid vacation;
c) leave while in receipt people were hired on the same date, if applicable, the earliest date of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22application will be used as a tie breaker. If not applicable, a drawing of the lots will be used.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit Section 32.2. Employees shall continue to accumulate seniority.
16.05 The lose all seniority of an employee shall be lost and employment automatically terminated for upon any of the following reasonscircumstances:
aa. Layoff in excess of thirty-six (36) the employee quitsmonths;
b) the employee retiresb. Resignation;
c) the employee is discharged c. Discharge for just cause and is not reinstatedcause;
d) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails d. Failure to return to work without within five (5) working days of recall from layoff, via notice by certified mail to employee's residence; unless the failure to return to work within such five (5) days is not within the control of the employee, or within five (5) days, the employer agrees to an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that alternate date for the employee is able to return to work;
h) if the employee is recalled e. Failure to return to work and fails upon expiration of a leave of absence, unless otherwise agreed to return within by Employer; and
1. Absence of four (4) days of being telephoned or having notice of recall delivered by registered mail to more consecutive work days, without notifying the employeeAgency's home address. Such mailing shall be to Director or his/her designee in the last address absence of the employee that Director (no call/no show), unless reasonable excuse for the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employeeabsence is given.
16.06 f. An employee who has not served in a management position longer than three (3) years and bumps into a bargaining unit position will lose all bargaining unit seniority.
Section 32.3. Employees shall continue to accrue seniority during the following:
a. Absence, while on approved paid or unpaid leave;
b. Layoff of thirty-six (36) months or less;
c. Time spent on sick leave and vacation leave.
Section 32.4. The Employer agrees to shall post a seniority lists for bargaining unit employees list once every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) daysmonths on the bulletin board, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in showing the continuous service and of each employee. One (1) copy of the seniority list shall not affect an employee's seniority rightsbe furnished to the Union.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. 16.01 Seniority is defined as the employee's hours of work since the employee's most recent date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 . Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 16.02 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 16.03 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
(a) the employee quits;
(b) the employee retires;
(c) the employee is discharged for just cause and is not reinstated;
(d) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
(e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
(f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
(g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC WorkSafe BC that the employee is able to return to work;
(h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 16.04 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty fifteen (3015) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 16.05 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 16.06 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY. 16.01 Seniority is defined as 27.01 For the employee's hours of work since the employee's most recent date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes purpose of this Agreement, seniority shall be the number of days of service (rounded to the nearest half day) an employee has been employed with the Employer plus days of educational leave granted in accordance with Article shall also include:
a) paid holidays;
b) paid vacation;
c) 15, Industrial leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under accordance with Article 16, Maternity, Adoption, or Parental leave granted in accordance with Article 18 and Union leave granted in accordance with Article 22.
16.03 Seniority can only (a) A seniority list shall be posted in each worksite on or before October 30th listing the seniority which has been accumulated as of August 31st in the same year. A copy of this list will be sent to a maximum the NAPE Provincial Office. The list shall be organized in order of 1,950 hours per yearschool or unit.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an (b) Each employee shall be lost and employment automatically terminated for any of have the following reasons:
a) right to protest the seniority credited to the employee quits;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such postingthe posting of the list. If no challenge Should an employee consider that the seniority credited to the employee is made incorrect, then the employee must provide satisfactory proof of the error. Where satisfactory proof of an error is provided, the error will be corrected in respect to seniority accumulated during any previous year.
(c) The Employer shall maintain in each worksite a current seniority list showing all laid off permanent employees of the Employer.
(d) The Employer shall maintain in each worksite a current seniority list showing all part-time/temporary employees.
27.03 The following conditions shall result in loss of seniority for an employee:
(a) the employee resigns in writing and is not re-employed within thirty (30) days;
(b) the employee is dismissed and is not reinstated;
(c) the employee has been laid off as a temporary or contractual employee in excess of thirteen (13) consecutive months;
(d) the employee has been laid off as a permanent employee in excess of twenty-five (25) months;
(e) fails to return to work upon expiration of leave of absence except for just cause;
(f) The employee is a temporary recall employee and has not worked for a period of time in excess of thirteen (13) consecutive months;
(g) A temporary employee who has received notice of lay off must provide the Employer, in writing, a schedule of their availability for recall at the beginning of each four (4) month period from the date of layoff for the period of recall. The parties agree that the employee will not be contacted for periods for which they have indicated their unavailability. A temporary employee who advises the Employer of their availability to be recalled and subsequently refuses recall will not be contacted for future work in that four (4) month period.
27.04 Employees under notice of layoff may seek employment elsewhere and if successful, resign in writing and maintain the employee's seniority shall be deemed correct. Such information shall be provided for a period in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service accordance with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.Clause 27.03
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY. 16.01 13:01 Seniority is defined as the employee's hours of work since the employee's most recent date of hire, and shall accumulate based on straight-time hourshire by an employee at the Company's Vancouver Plant and/or Warehouses.
16.02 Straight-time hours for the purposes 13:02 Accrual of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of - Seniority accumulates when an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work:
(a) Resulting from an occupational injury or illness covered by the Workers' Compensation Act;
(b) During a continuous absence from work without permission for of not more than three twelve (312) consecutive working days months, resulting from an injury or more unless an explanation satisfactory to the Employer is given illness not covered by the employee Workers' Compensation Act. After these twelve (12) months seniority will cease to accrue, but stays in force for both the absence and the failure to request permissiona further twelve (12) months;
e(c) During any leave of absence;
(d) During a lay-off of twelve (12) months or less.
13:03 The Company shall advise a member of the Unit Executive forty-eight (48) hours prior to notice of all lay-offs, promotions, demotions, and recalls from lay- off. If a layoff should extend beyond 13 weeks, the employee overstays a vacation may choose to protect recall rights as per Article 13:04 or leave exercise his/her rights for severance as per the BC Employment Standards Act, Section 8.
13:04 Loss of absence without securing a written extension of such leave of absence or vacation from Seniority
(a) Voluntarily quits his/her employment with the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request sameCompany;
f(b) the employee utilizes a leave of absence Is discharged for purposes other than those for which it was grantedcause;
g(c) the employee fails Fails to return to report for work without an acceptable reason immediately within five (5) calendar days after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having receiving notice of recall. Notice of recall delivered shall be by direct telephone, absence of favourable response to be followed by registered mail sent to the employee's home addressaddress then on the Company's records. Such mailing It shall be to the last address sole responsibility of the laid-off employee that to advise the Employer has Payroll Department of his/her latest mailing address;
(d) Is on lay-off for more than twelve (12) consecutive months.
(e) Is absent from work without leave unless there was, in its files the Company's opinion, a justifiable cause for that such absence.
13:05 Probationary Employees A new employee and such mailings shall be deemed considered to have been received by the employee.
16.06 The Employer agrees to post seniority lists be on probation for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) 90 calendar days from date of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service hire and shall not affect an be entitled to any seniority rights until the employee has satisfactorily completed such probation period. Probationary employees who miss days of work for any reason, will have their probationary period extended the amount of time that was missed. At 30, 60 and 90 days a performance review will be conducted with the employee's seniority rights. A Shop Xxxxxxx will be present. If such employee is continued in the employ of the Company after the expiration of the probationary period, his/her length of service shall be computed from his/her date of hire.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY. 16.01 13.1 Seniority is of members of the Association shall commence when the employee completes his/her probationary period, as defined as the employee's hours of work since the employee's most recent date of hireby Act 78, and shall accumulate based on straight-time hoursbe retroactive to initial date of employment as a member of this bargaining unit.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 13.2 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The forfeit and/or terminate his/her seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee quitsa. If he/she resigns;
b) the employee retires;
c) the employee b. If he/she is discharged for just cause and is not reinstated;
d) the employee c. If he/she is absent from work without permission for more than three (3) consecutive working work days or more unless an explanation satisfactory without notifying the Employer. An exception to this may be made if the employee was incapable and unable to notify the Employer is given by for reasons or causes beyond the employee for both control of the absence and the failure to request permissionemployee;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee d. If he/she fails to return to work without upon expiration of a leave of absence;
e. If he/she fails to return to work within fourteen (14) calendar days after being recalled from a layoff; notification of recall shall be sent to the employee’s last known mailing address by certified mail;
f. If he/she retires;
g. If an acceptable employee gives a false reason immediately after to obtain a leave of absence, or is employed during the Employer has been notified leave of absence unless prior approval to be employed during the leave of absence is obtained by a physician, the employee;
h. If an insurer or WorkSafeBC employee separates from employment upon settlement covering total disability;
i. If an employee is unable to work for more than two (2) years with evidence that the employee is will not be able to return to workperform the duties of his/her previous position without restriction, except as provided by the ADA;
hj. If an employee gives false information on his/her application for employment;
k. If he/she is laid off for a continuous period equal to his/her length of seniority or three (3) if the employee years, whichever is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail lesser.
13.3 A seniority list shall be furnished to the employee's home address. Such mailing shall be to the last address of the employee that Association by the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish months (January and July).
13.4 Seniority for the purposes of layoffs, recalls, and promotions shall be in accordance with Act 78 of the Public Acts of 1935, as amended.
13.5 Such Seniority shall not be applicable for purposes of pension benefits, which benefits shall be based on credited service as defined in the Employee’s Retirement System, Chapter 10 of the Xxxx City Code, nor for fringe benefits which shall be determined by the service date (continuous service as of employee’s last date of hire with the Employer, less unpaid leaves of absence).
13.6 If an employee returns to question their seniority must do so within thirty (30) days the bargaining unit from an unpaid leave of such posting. If no challenge is made within thirty (30) daysabsence or disability retirement, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's have accrued bargaining unit seniority rightsduring the period of leave or retirement.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. 16.01 Seniority is 10.1.1 An employee's seniority shall be defined as his/her length of continuous service with the employee's hours Board since his/her initial hiring date. "Initial hiring date" shall mean the date upon which the employee first reported for work as a full-time employee at the instruction of work since the employee's most recent date Board.
10.1.2 Employees shall accumulate seniority by the following percentage of hiredays actually worked. 75% - 100% - one (1) year (139-185 days) 50% - 74% - one-half (1/2) year (93-138 days) 0% - 49% - zero (0) (0-92 days) 75% - 100% - one (1) year (154-205 days) 50% - 74% - one-half (1/2) year (103-153 days) 0% - 49% - zero (0) (0-102 days)
10.1.3 Absences for the following reasons shall not be deducted from days worked for seniority purposes: sick leave, personal leave, jury leave, and approved short-term leave without pay. All other absences including long-term medical, educational leave, extended childcare leave, disciplinary leave, unauthorized leave without pay, and leave to serve in public office shall accumulate based on straight-time hoursbe deducted from seniority.
16.02 Straight-time hours for 10.1.4 In the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated event an employee is transferred to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with position outside the Employer outside bargaining unit, he/she shall have his/her seniority frozen. Employees returning to the bargaining unit shall retain all rights provided for in this Agreement.
10.1.5 There shall be no seniority for probationary employees. New employees hired under this Agreement shall be considered as probationary employees for the first ninety (90) workdays of their employment excluding optional summer employment. When an employee completes the probationary period, he/she shall be entered on the seniority list and shall rank for seniority from the date of original employment (first day worked). If more than one employee is hired on the same day, their seniority will be assigned by the Employer at that time.
10.1.6 The Employer will maintain an up-to-date seniority list, a copy of which shall be posted on the appropriate bulletin boards as soon as possible after September 30th of each year and changes, as they occur, will be furnished to the Federation. The Federation will provide representatives to review the list prior to posting and an electronic copy will be sent to the Federation president and vice president.
10.1.7 Notwithstanding the above, an employee who has been off work for a work-related disability shall continue to accumulate seniorityaccrue seniority for two (2) years.
16.05 The seniority of an 10.1.8 An employee shall be lost and employment automatically terminated lose his/her seniority for any of the following reasons:
a1) the employee quits;
b) the employee He/she quits or retires;
c2) the employee He/she is discharged for just cause and the discharge is not reinstatedreversed through the Grievance Procedure or;
d) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee He/she fails to return to work without an acceptable reason immediately within ten (10) calendar days after the Employer issuance by the Board of notice of recall by registered or certified mail to the last known address of such employee as shown by the Board's records.
10.1.9 It is understood and agreed that in the event of a curtailment of the work force, the unit Vice President, President (if a Unit I member) and Treasurer (if Unit I member) shall be required to exercise his/her actual seniority under the terms of this Agreement, until such time as actual seniority will no longer permit him/her to remain at work in the district, at which time the seniority clause provided for in this paragraph may be invoked. Notwithstanding his/her position on the seniority list, the President (if a Unit I member), Vice President of Unit I, and the Treasurer (if a Unit I member) shall, in the event of layoff for lack of work, be continued at work so long as there is a job within the district in Unit I which he/she has been notified by a physician, an insurer or WorkSafeBC that the employee is able ability to return to work;
h) if the employee is perform. He/she shall be recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as following a supervisory employee does not constitute a break layoff in the continuous service and shall not affect an employee's seniority rightsfirst open job for which he/she is qualified.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
SENIORITY. 16.01 (a) Probation – Employees shall acquire seniority after a probationary period of three (3) months worked with the Company. Seniority is defined as will then date back three (3) months from the employee's hours completion of work since the employee's most recent date of hire, and shall accumulate based on straight-time hoursprobationary period.
16.02 Straight-time hours (b) It is recognized and agreed that probationary employees may be terminated during their probationary period for failure to meet acceptable standards as determined by the purposes of this Article Company, provided that it does not violate the Ontario Human Rights Act, Workers Compensation Act or Ontario Labour Relations Act.
(c) In order that the Company can better evaluate a probationary employee, such employee, shall also includenot have the right to bid for a posted vacancy.
8.02 An employee’s seniority rating shall be terminated for all purposes:
(a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee if he quits;
(b) the employee retires;
c) the employee if he is discharged for just cause and is not reinstatedcause;
(c) if he is laid off either for a period of time equivalent to his length of service with the Company, or for twenty-four (24) months, whichever is the shorter, or for thirty (30) months in the case of an employee with more than ten (10) years seniority;
(d) if, after layoff he fails to notify the employee Company of his intention to return to work within three (3) working days and fails to return to work within five (5) working days after he has been notified to do so by the Company by registered mail to his last address listed on the Company’s records;
(e) if he is absent from work without permission for more than three (3) consecutive working work days or more without notifying the Company, unless an explanation a satisfactory to the Employer reason is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to upon return to work;
h) if , except where circumstances beyond the control of the employee is recalled to work and fails to return within prevents him from notifying the Company.
(a) A copy of the seniority list will be posted in the plant every four (4) days months and a copy which will include the classification of being telephoned or having notice of recall delivered by registered mail each employee listed will be supplied to the employee's home address. Such mailing local union’s president.
(b) It shall be to the last address duty of the employee that to notify the Employer has in its files Company promptly of any change of their address or phone number. If an employee should fail to do this, the Company shall not be responsible for that employee and failure of notice to reach such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY. 16.01 Seniority is defined as the employee's hours 12.01 The fundamental rules respecting seniority are designed to give employees an equitable measure of work since the employee's most recent date of hire, and shall accumulate security based on straight-time hours.
16.02 Straight-time hours for the purposes length of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment service with the Employer outside Company. The term seniority shall mean the accumulated service from the date specified in Article 11.01
12.02 Seniority will be established and maintained for all employees in the bargaining unit shall continue to accumulate seniorityon a Company-wide basis.
16.05 The 12.03 All employee names shall appear on a Company wide seniority list in order of an their respective dates of hiring and their names shall also appear on their classification seniority list in order of their respective date of hiring. Such lists will be updated and posted in the plant every three (3) months and a copy of such lists will be given to the Union Chairperson of the Committee and the Local Union every three (3) months.
12.04 An employee shall will lose their seniority and their employment with the Company will be lost and employment automatically terminated for any of the following reasons:
(a) if the employee voluntarily quits;,
(b) the employee retires;
c) if the employee is discharged for just cause and is not reinstated;reinstated through the grievance procedure,
(c) if the employee retires,
(d) if the employee is absent from work without permission Company approved leave of absence, for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by days, without a valid reason,
(e) if the employee has been laid off and fails to notify the Company of their intention to accept recall within three (3) working days of being notified by Registered letter of recall without a valid reason or fails to report for both work within five (5) working days of the absence and the failure to request permission;announced recall date or such extended date as mutually agreed, without a valid reason,
e(f) the if an employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a any Company approved leave of absence for purposes other more than those for which it was granted;three (3) working days, without a valid reason,
(g) if an employee is laid off and not recalled within a 36 consecutive month period
12.05 It shall be the responsibility of the employee to notify the Company, in writing, promptly of any change in their address and telephone number (listed or unlisted). If any employee fails to return do so, the Company will not be responsible for failure of any contact or notice to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and reach such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. 16.01 13.1 Seniority is shall be defined as the employee's hours length of continuous Protective Force service at the Savannah River Site.
13.2 Site seniority shall commence after completion of the initial basic training class and shall be retroactive to their first day of work since on site.
13.3 Seniority for employees who start work on the employee's most recent same date shall be determined by the date of hirelast application. Seniority of those employees applying on the same date will be determined by the lowest of the last four (4) digits of their social security number.
13.4 Site seniority will be the determining factor in granting reassignments.
13.5 Employees may request changes in area or shift assignments, and shall accumulate based such requests will be granted, provided that a vacancy exists, the employee has the qualifications and ability to perform the work, and the transfer promotes sufficient staffing to meet mission requirements. No transfers will otherwise be suspended without the concurrence of the Union. Employees on straight-time hoursrestricted duty that do not meet the qualifications are not eligible for voluntary reassignment. Once reassignment is granted, the employee cannot request reassignment for six (6) months unless mutually agreed to between the Union and the Company.
16.02 Straight-time hours 13.6 If the Company and the Union mutually agree that a transfer request cannot be immediately granted, this request will be exempt for up to six months from the purposes of Union’s site seniority policy as defined by this Article CBA.
13.7 Seniority and employment shall also includeterminate if an employee:
(a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstatedcause;
d(b) the employee voluntarily quits employment;
(c) is absent from work without permission laid off, subsequent to ratification of this contract, for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission36 months;
e(d) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension laid off and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work in accordance with Article 14.
(e) is absent for 4 consecutive scheduled work days without an acceptable reason immediately after notifying or advising the Employer has been notified by a physician, an insurer or WorkSafeBC that Company unless the employee shows just cause for failure to notify the Company. The Company has no obligation to attempt to contact the employee;
(f) overstays a leave of absence without just cause;
(g) gives a false reason for a leave of absence;
(h) is able absent because of illness or injury, in accordance with Article 29;
(i) fails to meet re-qualification requirements in accordance with DOE Directives and Orders;
(j) fails to obtain and/or maintain a DOE "L" or "Q" clearance in accordance with Article 23.
13.8 Any employee of Centerra-SRS that permanently returns to any position in the Bargaining Unit will return to work;
h) if the employee is recalled Bargaining Unit with zero seniority in relation to work transfers, promotions, and fails to layoffs. Employees that return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be Bargaining Unit, without seniority, will not return to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employeeany specialty positions.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Bargaining Agreement
SENIORITY. 16.01 11.01 Seniority is defined as the employee's hours of work since the employee's most recent date of hire, and shall accumulate based will be on straight-time hoursa plant wide basis.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 11.02 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The will lose his seniority of an employee shall and his services will be lost and employment automatically considered as terminated for any of the following reasons:
(a) If the employee quits;.
(b) the employee retires;
c) If the employee is discharged for just cause and is not reinstated;cause.
d(c) If the employee is absent from work without permission for more than three (3) consecutive working days or more unless an without having provided a reasonable explanation satisfactory to the Employer is given by Company.
(d) If the employee for both fails to report on the absence and the failure to request permission;
e) the employee overstays a vacation or next day after expiration of his leave of absence without securing a written extension unless failure to report is due to accident, illness or other emergency beyond the reasonable control of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by employee.
(e) If the employee for both fails to advise the need for the extension and the failure company within three (3) calendar days of his intention to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee return to work, or if he fails to return to work without within five (5) working days following receipt of his notification of his recall by registered mail to his last known address.
(f) When an acceptable reason immediately after employee accepts a position outside the Employer has been notified by a physicianbargaining unit, an insurer or WorkSafeBC that the such employee is able to return to work;
h) if the employee is recalled to work will retain and fails to return within accumulate seniority for four (4) days weeks from the date of being telephoned transfer. In this time the employee may decide to remain in their new position or having notice return to their former classification in the bargaining unit. Employees will be required to pay outstanding union dues upon return to union membership. Bargaining unit employees will not be transferred to non-bargaining unit positions to fill in for temporary absences or temporary vacancies.
(g) If the employee is on continuous layoff in excess of recall delivered by registered mail two (2) years from the date of layoff.
(h) If absent more than five (5) years due to Long Term Disability, from the date of first absence. Insured benefits for employees on LTD will continue to the employee's home address. Such mailing shall be to the last address earliest of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employeeseniority or age 65.
16.06 11.03 The Employer agrees to post seniority lists for bargaining unit employees every Company will furnish the Union with six (6) monthscopies of the revised seniority list each month, and will post one (1) copy on the bulletin board each month.
(a) New employees will normally be hired for a shift other than days, after an orientation period of up to two (2) weeks on days. Employees who wish to question their seniority must do so within thirty (30) transfer to days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be transferred by seniority provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves they are capable of doing the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only work available. Employees will be transferred from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break days in the continuous service and shall not affect an employee's seniority rightsreverse order of seniority.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY. 16.01 Seniority is defined 9.01 New employees will be considered as probationary employees until they have worked a three (3) month probationary period within any twelve (12) month period. Probationary employees shall have no seniority rights but, after completing the employee's hours of work since probationary period, their seniority shall be dated back to the employee's most recent date of hirecommencement of the probationary period.
9.02 Periods of absence from work during which seniority is not broken in accordance with 9.03 shall not affect an employee’s seniority. Seniority shall be applied on a Bargaining Unit basis. Seniority lists showing employees’ names, job titles, and where applicable, classifications, shall accumulate based be posted on straight-time hoursbulletin boards and revised every six (6) months. A copy of the seniority list will also be supplied to the Bargaining Unit. Protests in regard to seniority standing must be submitted in writing within sixty (60) days from the date when the seniority lists are posted. When proof of error is presented by an employee or the grievance committee such error will be corrected.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 9.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any if an employee:
(a) Voluntarily leaves the employ of the following reasons:
a) the employee quitsCompany;
(b) the employee retires;
c) the employee is Is discharged for just cause and is not reinstatedreinstated pursuant to the provisions of this agreement;
d(c) the employee is Is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to without notifying the Employer is given by Company of the reason for such absence, and if upon such notice the employee does not have a justifiable reason for both the absence and the failure to request permissionhis absence;
e(d) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails Fails to return to work without an acceptable reason immediately after layoff within five (5) working days after notification from the Employer Company by registered mail to his last known address unless it is shown that such failure has been notified caused by a physician, an insurer or WorkSafeBC that circumstances beyond the employee is able to return to workemployee’s control;
h(e) if the employee is recalled to work and fails to return within Is on layoff in excess of his length of service but in no case will it exceed four (4) days years.
(a) For the purposes of being telephoned or having notice Article 9, Section 9.04, a reduction in the number of recall delivered by registered mail employees in a job due to the employee's home address. Such mailing shall be to the last address volume of the employee that the Employer has in its files work or for that employee and such mailings economic reasons shall be deemed to have been received by the employeebe a layoff.
16.06 The Employer agrees (b) For the purposes of Article 9, Section 9.04, “location” shall mean the plant, branch or division office at or out of which the employee works.
(c) Layoffs and recalls shall occur in the manner hereinafter set forth, provided that there are available senior employees who are sufficiently qualified, willing and able to post seniority lists for bargaining unit employees every six do the work required.
(6d) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) daysIn the event layoffs are required, the employee's seniority following procedure shall be deemed correct. Such information followed:
(i) all Temporary Employees and Utility Labour Pool Employees shall be provided laid off first;
(ii) all Probationary Employees shall be laid off in electronic formatthe respective departments where the lay offs occur;
(iii) all Probationary Employees throughout the Bargaining Unit shall be laid off;
(iv) thereafter employees shall be laid off in accordance with Article 9, such as Microsoft Excel, Sections 9.04 (e) and will be provided securely in an agreed upon fashion9.04 (f).
16.07 (i) In the event of a lay off in a job in a location, the most junior employee in the job in the location shall be the first to be laid off and may displace one of the following employees:
A. the most junior employee employed in the same job within the Bargaining Unit; or
B. the most junior employee in the Bargaining Unit for which he is qualified and for which his seniority would entitle him; or
C. he may accept any vacant job within the Bargaining Unit to which his seniority would entitle him.
(ii) If the senior employee displaces the employee described in (A), the employee so displaced shall initially fill any vacancy which there exists for which he is qualified and for which his seniority would entitle him. Where an no such vacancy exists, he shall displace the most junior employee voluntarily leaves in the Employer's serviceBargaining Unit.
(iii) In the event that more than one employee is laid off at the same time, or is dismissed for cause the senior such employee shall have preference as to which junior employees affected they displace.
(f) The following provision applies only in the event of a lay off in excess of thirteen (13) continuous weeks. In the event of a lay off in a job in a location, the most junior employee in the job in the location shall be the first to be laid off and is later re-engaged, seniority and all perquisites shall date only from may displace one of the time of re- employment, according to regulations applying to new following employees.
16.08 It is understood service with A. the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory most junior employee does not constitute a break in the continuous service same location; or
B. the most junior employee employed in the same job within the Bargaining Unit; or
C. the most junior employee in the Bargaining Unit for which he is qualified and for which his seniority would entitle him; or
D. he may accept any vacant job within the Bargaining Unit to which his seniority would entitle him. If the senior employee displaces the employee described in (A) or (B), the employee so displaced shall not affect an employee's initially fill any vacancy, which there exists, for which he is qualified and for which his seniority rightswould entitle him. Where no such vacancy exists, he shall displace the most junior employee in the Bargaining Unit.
(g) An employee who is laid off or who is displaced by another employee in accordance with Article 9, Section 9.04 (e) and 9.04
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY. 16.01 Seniority is defined 12.01 The term "seniority" as used herein shall mean accumulated service calculated from the employee's hours of work since the employee's most recent hiring date of hire, and shall accumulate based on straight-time hoursas described in Clause 11.01.
16.02 Straight-time hours for 12.02 In the purposes case of this Article equality in seniority ranking, seniority shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt be determined by the alphabetical order of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22employees last names. The status of seniority shall not decrease or advance because of a name change.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 12.03 An employee who accepts a temporary assignment will lose their seniority and their employment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall Company will be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;If they voluntarily quit.
b) If they are discharged, and not reinstated through the employee retires;grievance and/or arbitration procedure.
c) the employee is discharged for just cause and is not reinstated;If they retire.
d) If the employee is absent from work without permission Company approved leave of absence, for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;days, without a valid reason.
ei) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
fThe Company will notify laid off employee(s) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to their last known address, and they will be allowed no more than five (5) working days from the Delivery Confirmation date (confirmation date is the date the item has arrived at its destination) to report for duty, unless such failure to report is due to injury, illness, accident or other substantial cause not of the employee's home addressdoing which makes it impossible for them to notify the company within the time period outlined above and provided the employee does notify the Company as soon as possible thereafter. Such mailing shall be to the last address A copy of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and registered letter will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves for the Employer's servicePlant Chairperson, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from at the time of re- employment, according to regulations applying to new employeesmailing.
16.08 It ii) If an employee(s) is understood service at work with another employer they will not lose seniority if they report for work with the Armed Forces Company within ten (10) working days following their notice of Canada recall, as outlined in time Clause 12.03 (e)(i), and they present a "Record of war or compulsory military serviceEmployment Certificate" to the Company within ten (10) working days of returning to work.
f) If an employee overstays a Company approved leave of absence, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.for more than three
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. 16.01 Seniority is defined as 12.01 An employee shall be on probation for ninety (90) days worked from the date of the employee's hours last hire. During such period the employee may be dismissed if the employee is unable to perform adequately the work for which the employee is employed or is otherwise unsuitable.
12.02 For the purpose of work since this Agreement an employee's
(a) Bargaining unit "seniority" (other than that of a probationary employee) shall commence with the date of the employee's most recent date hiring (other than as a result of hire, a recall after a layoff) by the Board and shall accumulate based on straight-time hours.
16.02 Straight-time hours for be maintained and accumulated so long as the purposes employee remains in the employ of this Article shall also includethe Board in the bargaining unit during:
a(i) paid holidaysa layoff within any period during which the employee was entitled to be recalled;
b(ii) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leaveany sickness or accident; and
e(iii) approved leaves under Article 22any leave of absence.
16.03 Seniority can only be accumulated to (b) When a maximum of 1,950 hours per year.
16.04 An probationary employee who accepts a temporary assignment with completes the Employer outside probationary period the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost entered on the seniority list and employment automatically terminated for any of shall rank seniority from the following reasonsdate the employee was last hired.
(c) A loss in seniority shall be deemed to have occurred if an individual employed by the Board:
a(i) the employee quits;
b(ii) the employee retires;
c) the employee is discharged for just cause and is not reinstatedreinstated by reason of the grievance procedure;
d(iii) is laid off beyond the period during which the employee was entitled to be recalled; or
(iv) fails following a layoff, unless the employee exercises the right to refuse such work as provided in section 12.07, to notify the Board within seven (7) days of the Board sending the employee a notice to return to work of the employee's intention to return or fails to report for work on the date and at the time specified in such notice, which date is not sooner than said seven (7) days;
(v) is absent from work without permission for more than three a period of seven (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (307) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY. 16.01 (a) Seniority is defined as shall be maintained and accumulated during an absence due to layoff up to the amount of the employee's hours seniority at the time of work since the employee's most recent date of hirelayoff, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated up to a maximum of 1,950 twenty-four 24 months. For part-time employees, the seniority accumulated during an absence due to layoff shall be equal to the number of hours per yearthe employee worked in the number of weeks immediately prior to the layoff that is equal to the length of the layoff.
16.04 (b) An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue accumulate seniority for an authorized leave of absence for up to twelve (12) months. Thereafter, seniority shall cease to accumulate senioritybut shall be maintained. An employee on authorized Union leave shall accumulate and maintain seniority for the duration of the leave.
16.05 The (c) An employee shall lose their seniority of an standing and their name shall be removed from all seniority lists and the employee shall be lost and employment automatically deemed to be terminated for just cause for any one of the following reasons:
ai) if the employee voluntarily quits;
bii) if the employee retires;
ciii) if the employee is discharged for just cause and is not reinstated;
d) reinstated in accordance with the provisions of this Agreement; iv if the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence laid off and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately within five (5) calendar days after the Employer employee has been notified to do so by the University, by a physiciancourier service in which a signature is required, an insurer or WorkSafeBC that to the employee is able employee's last known address (a copy of such notice shall be sent to return to work;
h) the Union); v if the employee is recalled laid off for a period in excess of their seniority at the time of layoff, up to work and fails to return within a maximum of twenty- four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (624) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee This provision does not constitute a break in the continuous service and shall not affect an employee's seniority rights.apply to temporary layoffs;
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY. 16.01 13.01 Seniority is shall be defined as the an employee's hours ’s uninterrupted length of work since the employee's most recent date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment continuous employment with the Employer outside in a job classification within the bargaining unit. A probationary employee shall have no seniority until he satisfactorily completes the probationary period, which will be added to his total length of continuous employment. Employees who have been employed by the Employer in a position not in this bargaining unit prior to the effective date of this Agreement shall continue to accumulate seniorityhave such employment counted for seniority purposes.
16.05 The 13.02 An employee’s seniority of an employee shall be lost and employment automatically terminated for any when one (1) or more of the following reasonsoccur:
a) the employee quitsa. He resigns;
b) the employee retires;
c) the employee b. He is discharged for just cause and is not reinstatedcause;
dc. He is laid-off for a period of time exceeding twenty-four (24) the employee is absent from months;
d. He retires;
e. He fails to report for work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to without having given the Employer advance notice of his pending absence, unless he is given physically unable to do so as certified by the employee for both the absence and the failure to request permissionappropriate authority;
e) the employee overstays a vacation f. He becomes unable to perform his job duties due to illness or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer injury and is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails unable to return to work without an acceptable reason immediately after upon the expiration of any leave applicable to him;
g. He refuses recall or fails to report to work within ten (10) working days from the date the Employer has been notified by a physician, an insurer or WorkSafeBC that sends the employee a recall notice by regular and certified mail, unless he is able physically unable to return to work;do so as certified by the appropriate authority.
h13.03 If two (2) if or more employees are hired or appointed on the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing same date, their relative seniority shall be to determined by their application date (when the last address of the employee that the Employer has in its files for that employee application was stamped and such mailings shall be deemed to have been received by the employeereceived).
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within 13.04 Within thirty (30) days of such posting. If no challenge is made within thirty (30) daysthe execution of this Agreement, the employee's Employer will publish a seniority roster. Employees shall have ten (10) days to appeal their seniority to the Transit Director. Absent any appeal within this period, the employees’ seniority shall be deemed correctfinal. Such information A new seniority list shall be provided posted and given to the Union in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashionJanuary of each year.
16.07 Where 13.05 Seniority will not be interrupted by authorized leaves of absence. Seniority, however, will not accumulate while an employee voluntarily leaves is on an unpaid leave of absence except in cases of Family Medical Leave (FML) and workers’ compensation.
13.06 Any employee who has been or may be promoted or transferred from a job within the Employer's service, or is dismissed for cause and is later re-engaged, bargaining unit to a position outside the bargaining unit shall retain their seniority and all perquisites shall date only from held at the time of re- employmentsuch promotion or transfer. If the employee returns to the bargaining unit, according the employee shall be entitled to regulations applying to new employeesexercise the seniority accumulated from prior service within the bargaining unit.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. 16.01 Seniority is defined as the employee's hours of work since the employee's most recent date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 10.01 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any considered to be on probation until he/she has completed 720 hours of continuous satisfactory service with the Company, but shall, on the completion of the following reasonssaid service be given seniority rights from the date of hiring. In the case of intermittent employment, his/her hiring date for seniority purposes shall be 720 hours prior to the date of completion of 720 hours of satisfactory service.
10.02 Seniority shall be accumulated by the time worked in the employ of the Company, plus time lost not in excess of two (2) years, due to each layoff or each leave of absence, except that in no case shall an employee accumulate more seniority while on such layoff or leave of absence, than an amount equivalent to the amount of seniority he/she had on the effective date of such layoff or leave of absence. In the case of leaves granted pursuant to 10.16, this shall be three (3) years.
10.03 Seniority lists, copies of which shall be lodged with the Union and posted on the plant bulletin board at least four (4) times a year, shall be prepared and maintained by the Company as follows:
a(A) A master seniority list covering all employees who have served their probationary period as provided in section 10.01.
(B) A seniority list of each occupational group.
10.04 All seniority rights of an employee, who leaves the employee quits;employ of the Company, shall cease where:
b(A) the employee retires;He/she voluntarily resigns.
c(B) the employee is He/she has been discharged for just cause and such discharge is not reinstated;reversed through the grievance procedure.
d(C) the employee He/she is absent from work without permission for more than three (3) consecutive working days for reasons other than illness or more unless an explanation satisfactory to the Employer is given by the employee injury without having applied for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes obtained a leave of absence for purposes other than those a definite period from the Company, unless there is a good reason, acceptable to the Company provided for which it was granted;such failure to meet this time limit.
g(D) 1. He/she is absent for seven (7) consecutive days due to illness or injury unless the Company is notified of such condition in writing by the employee fails to return to work without an acceptable reason immediately after or his/her agent within the Employer has been notified by a physiciansaid seven (7) days, an insurer or WorkSafeBC provided, however, that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings notification shall be deemed to have been received by given if the employee.
16.06 The Employer agrees employee is incapacitated to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so the extent that he/she cannot notify the Company within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break and in the continuous service and shall not affect an employee's seniority rightsmanner aforesaid, unless failure to provide written notification is for good reason.
Appears in 2 contracts
Samples: Collective Labour Agreement, Collective Labour Agreement
SENIORITY. 16.01 Seniority is defined as the employee's hours of work since the employee's most recent date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 10.01 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any considered to be on probation until he/she has completed 60 working days of continuous satisfactory service with the Company, but shall, on the completion of the following reasonssaid service be given seniority rights from the date of hiring. In the case of intermittent employment, his/her hiring date for seniority purposes shall be 60 days prior to the date of completion of 60 working days of satisfactory service.
10.02 Seniority shall be accumulated by the time worked in the employ of the Company, plus time lost not in excess of two years, due to each lay-off or each leave of absence, except that in no case shall an employee accumulate more seniority while on such lay-off or leave of absence, than an amount equivalent to the amount of seniority he/she had on the effective date of such lay- off or leave of absence. In the case of leaves granted pursuant to 10.16, this shall be three years.
10.03 Seniority lists, copies of which shall be lodged with the Union and posted on the plant bulletin board at least four times a year, shall be prepared and maintained by the Company as follows:
a(A) A master seniority list covering all employees who have served their probationary period as provided in section 10.01.
(B) A seniority list of each occupational group.
10.04 All seniority rights of an employee, who leaves the employee quits;employ of the Company, shall cease where:
b(A) the employee retires;He/she voluntarily resigns.
c(B) the employee is He/she has been discharged for just cause and such discharge is not reinstated;reversed through the grievance procedure.
d(C) the employee He/she is absent from work without permission for more than three (3) consecutive working days for reasons other than illness or more unless an explanation satisfactory to the Employer is given by the employee injury without having applied for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes obtained a leave of absence for purposes other than those a definite period from the Company, unless there is a good reason, acceptable to the Company provided for which it was granted;such failure to meet this time limit.
g(D) 1. He/she is absent for seven consecutive days due to illness or injury unless the Company is notified of such condition in writing by the employee fails to return to work without an acceptable reason immediately after or his/her agent within the Employer has been notified by a physiciansaid seven days, an insurer or WorkSafeBC provided, however, that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings notification shall be deemed to have been received by given if the employee.
16.06 The Employer agrees employee is incapacitated to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so the extent that he/she cannot notify the Company within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break and in the continuous service and shall not affect an employee's seniority rightsmanner aforesaid, unless failure to provide written notification is for good reason.
Appears in 2 contracts
Samples: Collective Labour Agreement, Collective Labour Agreement
SENIORITY. 16.01 1. Within the various areas of certification/licensure listed on the seniority list in Section C, those bargaining unit members who hold a continuing contract shall be considered to be more senior than those who hold a limited contract. Seniority is defined as will then be computed from the employee's hours of work since the employee's teacher’s most recent date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside hire into the bargaining unit by the Board. Seniority shall continue to accumulate senioritynot be interrupted by an authorized leave of absence. For reduction in force purposes, comparable evaluations shall be determined as follows:
a. The effectiveness ratings for evaluation in Article 7 of this Agreement shall normally be assigned numbers as follows: Ineffective = 1, Developing = 2, Skilled = 3 and Accomplished = 4.
16.05 The seniority b. Bargaining unit members rated as Ineffective for two out of their last three evaluations shall be assigned the number 1.
c. Bargaining unit members rated as Developing for two out of their last three evaluations shall be assigned the number 2, unless the most recent evaluation is rated Ineffective in which case the member will be assigned the number 1.5.
d. Bargaining unit members rated as Skilled for two out of their last three evaluations shall be assigned the number 3, unless the most recent evaluation is rated Ineffective in which case the member will be assigned the number 2.5
e. Bargaining unit members rated as Accomplished for two out of their last three evaluations shall be assigned the number 4.
f. Bargaining unit members who receive a different effectiveness rating in each of their last three evaluations shall be assigned a number which is numerically between the least and greatest numbers associated with their last three evaluations. For example, an employee who receives effectiveness ratings of Skilled (= 3), Ineffective (= 1) and Developing (= 2) respectively in their last three evaluations shall be lost and employment automatically terminated for any assigned the number 2.
g. Bargaining unit members, who have received one but not yet received three evaluations, shall be assigned the number associated with their most recent effectiveness rating.
h. Bargaining unit members who are assigned the same number as a result of their evaluation(s), as stated in paragraphs a through g above, shall be considered to have comparable evaluations.
i. Bargaining unit members shall then be listed by last name first on a comparable seniority list as follows:
1) The names shall be separated into two categories by contract status (Continuing vs. Limited).
2) Next, within each contract status category, the names shall be listed in columns by areas of certification/licensure.
3) Next, within each certification/licensure column, the names shall be listed in ascending order by date of hire, beginning with the most recent hired listed at the bottom of the following reasons:column.
a) the employee quits;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered And finally, listed by registered mail to the employee's home address. Such mailing each name shall be to the last address bargaining unit member’s assigned evaluation number (1, 2, 3, or 4).
2. Bargaining unit members who leave the employ of the employee that the Employer has in its files for that employee Board and such mailings are re-hired shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question begin their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) dayswhen they are re-hired, the employee's and any previously accrued seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashionnot count.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
SENIORITY. 16.01 11.01 Seniority is defined as the employee's hours of work since the employee's most recent date of hire, and shall accumulate based will be on straight-time hoursa plant wide basis.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 11.02 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The will lose his seniority of an employee shall and his services will be lost and employment automatically considered as terminated for any of the following reasons:
(a) If the employee quits;.
(b) the employee retires;
c) If the employee is discharged for just cause and is not reinstated;cause.
d(c) If the employee is absent from work without permission for more than three (3) consecutive working days or more unless an without having provided a reasonable explanation satisfactory to the Employer is given by Company.
(d) If the employee for both fails to report on the absence and the failure to request permission;
e) the employee overstays a vacation or next day after expiration of his leave of absence without securing a written extension unless failure to report is due to accident, illness or other emergency beyond the reasonable control of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by employee.
(e) If the employee for both fails to advise the need for the extension and the failure company within three (3) calendar days of his intention to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee return to work, or if he fails to return to work without within five (5) working days following receipt of his notification of his recall by registered mail to his last known address.
(f) When an acceptable reason immediately after employee accepts a position outside the Employer has been notified by a physicianbargaining unit, an insurer or WorkSafeBC that the such employee is able to return to work;
h) if the employee is recalled to work will retain and fails to return within accumulate seniority for four (4) days weeks from the date of being telephoned transfer. In this time the employee may decide to remain in their new position or having notice return to their former classification in the bargaining unit. Employees will be required to pay outstanding union dues upon return to union membership. Bargaining unit employees will not be transferred to non-bargaining unit positions to fill in for temporary absences or temporary vacancies.
(g) If the employee is on continuous layoff in excess of recall delivered by registered mail two (2) years from the date of layoff.
(h) If absent more than five (5) years due to Long Term Disability, from the date of first absence. Insured benefits for employees on LTD will not terminate at this time but will continue up to the employee's home address. Such mailing shall be to the last address age of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee65.
16.06 11.03 The Employer agrees to post seniority lists for bargaining unit employees every Company will furnish the Union with six (6) monthscopies of the revised seniority list each month, and will post one (1) copy on the bulletin board each month.
(a) New employees will normally be hired for a shift other than days, after an orientation period of up to two (2) weeks on days. Employees who wish to question their seniority must do so within thirty (30) transfer to days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be transferred by seniority provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves they are capable of doing the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only work available. Employees will be transferred from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break days in the continuous service and shall not affect an employee's seniority rightsreverse order of seniority.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY. 16.01 Seniority is defined as 9.01 For the purposes of this Agreement and unless otherwise stipulated herein, seniority means the length of service in the Bargaining Unit. For the purposes of this Agreement and unless otherwise stipulated herein, layoff means the temporary suspension of the labour contract between the Employer and the employee's hours . The laid-off employee may therefore be called back to work. He keeps his employment relationship for the duration of work since the employee's most recent date of hire, his lay-off and shall accumulate based on straight-time hourshis contractual relationship is maintained.
16.02 Straight-9.02 A new employee will be considered to be in a probationary period for three (3) months worked following his hiring. This period excludes any leave of more than one week, except for a CNESST case. Afterwards, his seniority will date back to his latest hiring date. An employee in a probationary period has no seniority rights. It is understood and agreed that, during this period, any dismissal is left to the discretion of the Employer. For the purposes of the application of this article, a week begins on Saturday and ends the following Friday.
9.03 Whenever an employee with seniority rights is not present at work due to an authorized leave of absence, disciplinary suspension, illness, injury, or any other valid reason, his seniority continues to accumulate during such an absence, unless otherwise stipulated in the present Agreement.
9.04 Whenever an employee is laid off, his seniority continues to accumulate during the period of time hours that his name appears on the recall list only for the purposes of the application of seniority rules as well as for annual vacation as stipulated in article 16.
9.05 When an employee is transferred to a position excluded from the Bargaining Unit within the establishments referred to in the accreditation, his seniority continues to accumulate for a cumulative maximum period of three (3) months over the duration of this Article shall Collective Agreement. Vacation weeks as well as statutory holidays of more than one (1) day are excluded from this period of time. During this period, he can return to the position he had before his transfer outside the Bargaining Unit, upon request from him or his Employer. The employee loses his seniority if he is still in a position excluded from the Bargaining Unit at the end of this period of three (3) months. When an employee is transferred to a position excluded from the Bargaining Unit within an establishment other than those referred to in the accreditation, his seniority is automatically lost.
9.06 Notwithstanding any contrary provision herein, an employee with acquired seniority rights who is not present at work due to an authorized leave of absence, illness, injury, disciplinary suspension or any other valid reason, is considered as an incumbent of his position. Upon his return to work, he automatically resumes his position, unless he is unable to satisfy the normal requirements of the work to be performed within a reasonable period of time; in such a case, the provisions of article 9.12 or article 9.14 apply, as the case may be. However, if during such absence, changes of the personnel of his position have occurred due to the application of the seniority provisions of his Agreement, he is then considered as having been reassigned, unless upon his return, the incumbent in his former position has less seniority.
9.07 The Employer provides the Union once (1) per month with a list (in electronic format) of all employees included in the Bargaining Unit, including those who are laid off and have recall rights, indicating their name, employee number, seniority date, position, salary rate, work shift and establishment. The Employer also includeprovides the Union with a list indicating the supervisors and the lead hands, four (4) times a year.
9.08 When two (2) or more employees have the same seniority date, their names will appear on the seniority list in order of their employee number in accordance with article 9.01, the one with the lowest employee number having the highest seniority, and so on.
9.09 An employee loses his seniority rights:
a) paid holidayswhen he voluntarily quits his employment;
b) paid vacationwhen he is dismissed for a just and sufficient cause and this action is not reversed or modified by the parties or by an Arbitrator;
c) leave while in receipt of wage-loss benefits under the
dwhen he is absent from work for five (5) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to consecutive working days, without notice, without authorization or without valid reason. In such a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with case, the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of advises a Union Plant Committee representative and, the following reasons:
a) the employee quits;
b) the employee retires;
c) day, the employee is discharged for just cause and is not reinstatednotified of his termination of employment in writing, at the last address appearing in the Human Resources department records, unless he can demonstrate in a satisfactory way that he was unable to notify his supervisor;
d) when he fails to report to work on the employee first working day following the expiration of an authorized leave of absence without notice or without valid reason;
e) when he is absent from work without permission on account of an accident or illness unrelated to the Act Respecting Industrial Accidents and Occupational Diseases for more than a period exceeding thirty (30) consecutive months; When he is absent from work on account of an occupational accident or illness for a period exceeding thirty-six (36) consecutive months. However, if he subsequently presents himself to the Employer with proof of his fitness to resume work, the Employer may rehire him, provided that there is a vacancy. If the employee is rehired, he will regain the seniority he had at the beginning of his absence;
f) when he fails to notify the Employer within three (3) consecutive working days or more unless an explanation satisfactory of his intention to the Employer is given by the employee for both the absence return to work and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee he fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.five
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY. 16.01 13.01 Seniority is defined as for employees shall be determined from the date of the employee's hours of work since the employee's ’s most recent date of hire, and employment at each specific Gas Bar location as a part-time employee or as a full-time employee.
(a) Employees shall accumulate acquire seniority based on straightaccumulated hours worked. A list by Gas Bar location of part-time hours.
16.02 Straightand full-time hours for employees and their seniority will be provided to the purposes Union in January and July of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per each year.
16.04 An employee who accepts (b) Employees returning from an authorized absence, which includes an absence provided for under this Collective Agreement, verified illness and/or injury, Worker’s Compensation, Manitoba Public Insurance, or a temporary assignment with leave provided for under The Employment Standards Code, the Employer outside Co- operative shall credit the bargaining unit shall continue employee’s accumulated hours by averaging the employee’s hours worked in the twenty-six (26) weeks just prior to accumulate senioritythe employee’s leave and multiplying that number by the number of complete weeks of authorized absence to determine the employee’s accumulated hours for scheduling and call-in purposes.
16.05 The seniority of an employee 13.03 Seniority shall be lost considered broken and employment automatically services terminated for any of the following reasonsif an employee:
a(1) is duly discharged by the employee quitsCo-operative and not reinstated through the Grievance and/or Arbitration procedure of this Agreement;
b(2) the employee retiresvoluntarily quits or resigns;
c(3) has been laid off continuously for a period of more than six (6) months or is called back to work after a lay off and does not return to employment within twenty-four (24) hours from the employee is discharged for just cause and is not reinstatedtime of recall;
d(4) the employee is absent from work without permission for more than three (3) consecutive working days or more a written leave of absence, unless an explanation a satisfactory to the Employer reason is given by the employee for both employee. Sickness or inability to communicate with the absence and the failure to request permissionCo-operative shall be considered a satisfactory reason;
e(5) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without on the completion of an acceptable authorized leave of absence, unless a satisfactory reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received given by the employee. Sickness or inability to communicate with the Co-operative shall be considered a satisfactory reason.
16.06 13.04 The Employer Co-operative agrees to post consider an employee’s seniority lists on a city- wide basis when evaluating the request for bargaining unit employees every six (6) monthsa transfer in the event of a Gas Bar closure. Employees who wish An employee required or allowed to question transfer to another Gas Bar by the Co-operative will maintain their seniority must do so within thirty (30) days in the new location. The Co-operative reserves the right to determine to which facility an affected employee is transferred.
13.05 In scheduling or calling in part-time employees, preference in available hours of such posting. If no challenge is made within thirty (30) days, the employee's seniority work in a week shall be deemed correct. Such information given to senior part-time employees within the Gas Bar insofar as this is consistent with their availability and willingness to perform the work, providing the employee has the skill and ability to handle the work to be performed in a competent manner.
13.06 To enhance the Co-operative’s ability to develop staff to assist in the efficient staffing of each Gas Bar, management may designate an individual on the basis of their merit as determined by management for:
(a) relief of management personnel; and
(b) when not relieving such designated employee shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashionassigned hours equal to but not more than the senior unrestricted part-time employee at the Gas Bar.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY. 16.01 Seniority is defined as 13.01 The Employer shall recognize seniority of employees within their departments. The recognized departments are nursing, recreation, dietary, housekeeping, laundry, and maintenance. For the purposes of vacation entitlement seniority shall run from the employee's hours of work since the employee's most recent date of last hire, . For all other purposes seniority shall be recognized by the Employer and shall accumulate based for all employees on straight-time hours.
16.02 Straight-time the basis of one (1) year for each 1,950 hours worked. Hours worked and paid for, hours not worked and paid for by the Employer, hours not worked and paid for under Worker's Compensation, maternity and adoption leave, weekly indemnity and the first calendar month of an unpaid discretionary leave of absence shall be considered hours worked for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate computing seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 13.02 The Employer agrees to shall post seniority lists for bargaining unit employees and make copies available to the Union every six (6) monthsFebruary 1 and August 1. Employees who wish to question their seniority must do so within shall have thirty (30) days following each posting to make any inquiries in writing to the Administrator regarding the accuracy of such postingthe posted list. If no challenge Absent any inquiries, the seniority list will be deemed accurate. It is made within understood that employees who are out of the building (vacation/leave/maternity/etc.) shall have thirty (30) days, days upon returning from an approved leave to challenge the seniority list.
13.03 An employee's seniority rights once acquired shall cease to exist and the employee shall be deemed correctto be terminated, if an employee:
a. voluntarily quits the employ of the Employer;
b. is discharged and such discharge is not reversed through the grievance procedure;
c. fails to report on the first day following the expiration of a leave of absence, unless the employee has a justifiable reason;
d. is laid off for a continuous period of more than twenty- four (24) months;
e. has been absent for two (2) consecutive working days without having notified the Employer, unless a justifiable reason is given why no notice was provided;
f. retires;
g. is off work due to illness for a period of twenty-four (24) months and there is no reasonable likelihood of the employee returning to work.
a. In case of layoffs, the Employer will recognize the seniority standing of each employee as the continued performance of the work permits. Such information Qualified employees able to perform the available work shall be laid off last and recalled first.
b. An employee whose position is subject to layoff shall have the right at the employee’s option to either:
i. Accept the layoff or reduction, or;
ii. Displace an employee who has lesser seniority, provided that such a position exists on any shift which is equal or less than their regularly scheduled position in electronic format, such as Microsoft Excelthe same department, and will be provided securely they are qualified for and can perform the duties in an agreed upon fashionthe department without training, other than orientation.
16.07 Where an iii. Displace another employee voluntarily leaves in another department, providing they have seniority in that department, and are qualified and can perform the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from duties of the time of re- employment, according to regulations applying to new employeesposition without training other than orientation.
16.08 It is understood service with iv. If employees exercise the Armed Forces option of Canada in time of war or compulsory military servicetransferring to another department, or service with they will serve the Employer as a supervisory thirty (30) working day trial period. If the employee does not constitute successfully complete the trial period, or she feels she is not suitable for that position, she will be laid- off as per Article 13.04 a) of the Collective Agreement. An employee will have three (3) business days following written notification of their lay off to indicate their choice. Failure to indicate within the above time limits will be deemed to mean the layoff is accepted.
c. The Employer will send a break notice of posting in the continuous same department, by regular post to the last address on file. Employees on layoff shall apply for the posting pursuant to Article 10.02.
13.05 The Employer shall give the employee concerned one (1) week of notice for every year of service and shall not affect an employee's seniority rights.to a total of twelve
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY. 16.01 Seniority is defined as 14:01 An employee will be considered on probation and will not acquire seniority until he/she has worked a total of sixty (60) working days for the employee's hours of work since Employer, when his/her seniority shall commence from the employee's most recent date of hirelast hiring.
14:02 The Employer agrees to observe the seniority of employees in connection with promotions, demotions, transfers, layoffs, and recalls, insofar as it is practicable to do so, providing their other qualifications are relatively equal. Promotions to supervisory positions shall accumulate based on straight-time hoursnot be subject to the provisions of this Agreement.
16.02 Straight-time hours for 14:03 A seniority list will be prepared and forwarded to the purposes Union office on or about the 30th day of November during the term of this Article Agreement.
14:04 In the event of a tie in seniority between two or more employees, the Employer will interpret seniority standing for layoff purposes by ranking such employees by date of commencing work as a Temporary Journeyperson Xxxxxxxxx immediately prior to the date of last hiring.
14:05 An employee shall also includelose all seniority and deemed to be terminated if he/she:
a) paid holidaysvoluntarily quits, resigns or retires the employ of the University;
b) paid vacationis justifiably discharged;
c) leave while in receipt of wagehas been laid off for more than twenty-loss benefits under thefour (24) consecutive months; and
d) paid sick leave; andfollowing a layoff, fails to advise the Employer within five (5) working days of receipt of notice to return to work of his/her intention to return, or fails to report for work on the date and at the time specified in the said notice, without a reason acceptable to the Employer.
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work without permission for a period of five (5) or more than three (3) consecutive working days or more unless an explanation satisfactory to without notifying the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from absence, in which case he/she shall be deemed to have resigned his/her employment with the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;Employer; and
f) fails to return to work upon the employee expiration of a leave of absence, or utilizes a leave of absence for purposes a purpose other than those that for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after granted unless excused by the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to workin writing;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY. 16.01 Seniority (a) The Parties recognize that job opportunity and security shall increase in proportion to length of service. It is therefore agreed that in the cases of vacancy, lay-off and recall after lay-off, the senior employee, as defined as in this Agreement, shall be entitled to preference in accordance with this Article.
(b) In recognition, however, of the responsibility of the Employer for the efficient operation of the Employer’s business, it is understood and agreed that in all cases referred to in paragraph (a) above, management shall have the right to pass over any employee if it is established by the Employer that the employee's hours , after a reasonable period of work since on-site training if required, could not fulfil the employee's most recent date requirements of hire, and shall accumulate based on straight-time hoursthe job or would not possess the necessary qualifications to fulfil the requirements of the job.
16.02 Straight-time hours for 12.02 For the purposes of this Article Agreement, the following definitions shall also includeapply:
(a) paid holidaysa “part-time employee” is one who regularly works twenty-four (24) hours per week or less, unless otherwise provided for in this Agreement;
(b) paid vacationa “full-time employee” is one who regularly works more than twenty- four (24) hours per week;
(c) leave while in receipt a “floater” is an employee who is not assigned to a posted job and who must be available to:
(i) replace employees who are absent;
(ii) work special events as defined herein;
(iii) temporarily fill vacancies pending posting procedures.
(iv) Employees who are regarded as floaters and are assigned full time hours continuously for 13 weeks shall be entitled to the same benefits as full time employees. This does not apply to students hired for the purpose of wage-loss benefits under thesummer vacation relief
(d) paid sick leave; and
ein sub-paragraph (a) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum and (b) above, the number of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of which an employee “regularly works” shall be lost and employment automatically terminated for any the average number of hours worked in the following reasons:
aprevious thirteen (13) the employee quits;
b) the employee retires;
c) the employee is discharged for just cause and is week period, which period shall not reinstated;
d) the employee is absent from work without permission for more than three (3) consecutive working days include weeks not worked due to sickness or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or approved leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) monthsabsence. Employees who wish to question their identified above shall acquire seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be as provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashionsection 12.05 of this Article.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY. 16.01 Seniority is defined as the employee's hours of (a) An employee shall retain and accrue seniority when:
i) Actually at work since the employee's most recent date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes Pembroke Public Library;
ii) Absent due to a paid leave of this Article shall also include:absence;
aiii) Absent on vacation or on paid holidays;
biv) paid vacation;
c) Absent on education leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated up to a maximum of 1,950 hours per yeartwelve (12) months;
v) Absent due to injury or illness covered by the Workplace Safety and Insurance Board (WSIB) up to a maximum of twenty-four (24) months. An employee will be returned to his/her pre-injury job classification or equivalent if available, consistent with this Collective Agreement;
vi) Absent on statutory pregnancy and parental leave.
16.04 (b) An employee who accepts shall retain but not accrue seniority when:
i) Absent without pay due to illness for a temporary assignment with the Employer outside the bargaining unit shall continue period not to accumulate seniorityexceed twelve (12) months;
ii) Absent on an unpaid leave granted for educational purposes beyond twelve (12) months;
iii) Absent on a layoff for a period of up to twenty-four (24) consecutive months;
iv) Absent on personal leave without pay for a period of up to twenty-four (24) consecutive months.
16.05 The seniority of (c) Seniority shall terminate and an employee shall cease to be lost and employment automatically terminated for any of employed by the following reasonsPembroke Public Library when the employee:
ai) Resigns, retires their employment with the employee quitsPembroke Public Library;
bii) the employee retires;
c) the employee is Is discharged for just cause and is not reinstatedreinstated through the grievance procedure or arbitration;
diii) Is off the employee is payroll due to layoff for a period of more than twenty-four (24) consecutive months;
iv) Is off the payroll as a result of an unpaid sick leave of absence for a period of more than twenty-four (24) consecutive months;
v) Is absent from work without permission as a result of a compensable accident under the Workers' Compensation Act for more than twenty-four (24) consecutive months;
vi) Is absent without leave for three (3) consecutive working days or more unless an explanation without giving a reason satisfactory to the Employer is given by the employee for both the absence and the failure to request permissionPembroke Public Library;
evii) Fails to report to work within ten (10) working days after receipt of, or the employee overstays return of a vacation or leave registered letter of absence without securing a written extension of such leave of absence or vacation recall from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail Pembroke Public Library sent to the employee's home last known address. Such mailing shall be , without giving a reason satisfactory to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employeePembroke Public Library.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY. 16.01 10.01 All employees will be considered on probation and will not be subject to the seniority provision of this Agreement nor shall their names be placed on a Seniority is defined as List until after they have completed thirty (30) days worked with the Company. Upon completion of such probationary period, the employee's hours ’s name shall be placed on the appropriate seniority list with seniority dating from the time the employee was last placed on the active payroll of work since the Company.
10.02 The Company shall maintain up-to-date Seniority Lists showing the date upon which each employee commenced employment and his classification. The Company shall update Seniority Lists quarterly (January, April, July and October) and forward copies to the Unit Chairperson and the local Union office.
10.03 An employee shall lose all seniority and shall be deemed to have quit if the employee's most recent date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
(a) paid holidaysvoluntarily leaves the employ of the Company;
(b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstatedreinstated through the Grievance or Arbitration procedure;
(c) is laid off for a period of more than:
(i) 6 months if service less than 1 year
(ii) 12 months if service 1-2 years
(iii) 24 months if service more than 2 years
(d) the employee is Is absent from form work without permission for more than three two (32) consecutive working days or more unless an explanation satisfactory to the Employer Company is given by the employee for both the absence and the failure to request permissionemployee;
(e) the employee overstays a vacation or leave Fails to return to work upon termination of absence without securing a written extension of such an authorized leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was the leave of absence may be granted;
g(f) the employee fails Fails to return to work without an acceptable reason immediately within five (5) calendar days after the Employer has been notified being recalled for extended layoff by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered sent by registered mail unless an explanation satisfactory to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received Company is given by the employee.
16.06 The Employer 10.04 If the Company plans to reduce hours of work instead of a lay-off and prior to said reduction, the Company agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service meet with the Armed Forces Union’s Area Representative and with no more than a majority of Canada the Union Committee involved in time order to discuss the reduction of war or compulsory military servicehours. Both parties agree that whenever practical, or service with given the Employer as Company’s operating requirement, a supervisory employee does not constitute lay-off is preferable to a break reduction in the continuous service and shall not affect an employee's seniority rightshours.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY. 16.01 7.01 Seniority is defined as the ranking of employees in accordance with their accumulated hours of work in the bargaining unit with the Employer from the employee's hours of work since the employee's most recent last date of hire, hire calculated on the basis of one (1) month equals 156.25 hours and 1875 hours worked equals one (1) year. Employees shall accumulate based begin to progress in their position wage scale on straight-time hours.
16.02 Straight-time the basis of 1875 hours equals one (1) year of seniority. Hours worked and paid for will be computed for the purposes of this Article shall also include:
asalary progression. Employees on probation will be paid twenty cents (20¢) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22less than the start rate.
16.03 Seniority can only be accumulated 7.02 The Employer shall maintain seniority lists and make copies available to a maximum of 1,950 hours per yearthe Union every six (6) months.
16.04 7.03 An employee who accepts a temporary assignment with employee's seniority rights once acquired shall cease to exist and the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically deemed to be terminated for any if an employee:
a. voluntarily quits the employ of the following reasons:
a) the employee quitsEmployer;
b) b. is discharged and such discharge is not reversed through the employee retiresgrievance procedure;
c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee c. utilizes a leave of absence for purposes other than those for which it the leave was granted, or engages in gainful employment elsewhere while on leave of absence, or who fails to report for duty on the first (1st) day following the expiration of a leave of absence, unless the employee has obtained permission from the Employer in writing or provides a reasonable explanation satisfactory to the Employer;
gd. is laid off for a continuous period of more than twelve (12) months, or fails to report for work when recalled.
e. has been absent for two (2) consecutive working days without having notified the Employer, in which case the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by quit without notice, unless a reason satisfactory to the employeeEmployer is given;
f. retires;
g. is off work due to illness for a period of twenty-four (24) months and twenty- four (24) months in case of a compensable workplace injury (i.e. WSIB);
h. A casual call-in employee who has not worked for three (3) months is deemed to have resigned unless on an approved leave of absence.
16.06 The Employer agrees 7.04 Seniority shall continue to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) accrue during:
a. approved paid leave of absence
b. legitimate sick leave days of such posting. If no challenge is made within thirty absence
c. paid vacation
d. approved Maternity/Parental leave e. WSIB absence of twelve (3012) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashionmonths or less.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY. 16.01
11.01 Seniority is defined as the employee's hours length of work since continuous service with the employee's most recent date of hire, and Employer. Seniority shall accumulate based operate on straight-time hoursa bargaining unit wide basis.
16.02 Straight-time hours for 11.02 The Employer shall maintain a seniority list which shall be sent to the purposes Union and posted on all bulletin boards in January of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per each year.
16.04 11.03 An employee who accepts a temporary assignment with the Employer outside the bargaining unit Employee shall continue to accumulate seniority.
16.05 The forfeit all seniority of an employee and their employment shall be lost and employment automatically terminated for any of deemed to end under the following reasonsconditions:
(a) if the employee quits;
b) the employee Employee quits or retires;
c(b) if the employee Employee is discharged for just cause and is not reinstatedreinstated through the grievance procedure;
d(c) if the employee Employee is absent from work without permission for more than three two (32) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from notifying the appropriate Directorimmediate Supervisor, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request sameEmployee;
f(d) they fail to report to work within two (2) days of the employee utilizes date specified for him to do so in a letter of recall sent to him by registered mail by the Employer, which letter must be sent no later than ten (10) working days prior to the specified date of recall to the Employee at their last known mailing address on the records of the Employer;
(e) they engage in other gainful employment while on leave of absence for purposes other than those for which it was grantedunless they have received permission in writing from the Employer to undertake such employment;
g(f) the employee fails they fail to return to work without upon the termination of an authorized leave of absence on their next scheduled shift unless a reason acceptable reason immediately after to the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to workgiven;
h(g) if the employee is recalled to work and fails to return within four Employee has been off the payroll for a continuous period of twelve (412) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings months (an Employee receiving WCB top-up payments under Article 20.07 shall be deemed to have been received by be off the employeepayroll) or twenty-four (24) months from the initial date of absence when in receipt of LTD payments.
16.06 The Employer agrees to post seniority lists for 11.04 A bargaining unit employees every six (6) months. Employees Employee who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later rereceives a full-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service permanent position with the Employer as outside of the bargaining unit will retain their bargaining unit seniority in its entirety, provided the Employee returns to the bargaining unit within a supervisory employee does not constitute a break time period equivalent to the seniority which the Employee accumulated while in the continuous service and shall bargaining unit.
11.05 It is the duty of each Employee to notify the Employer promptly of any change in principal address and/or telephone number. If an Employee fails to do so, the Employer will not affect an employee's seniority rightsbe responsible for failure of a notice to reach the Employee.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
SENIORITY. 16.01 Seniority is defined 14.1 For purposes of this agreement seniority for full-time shall be considered as the employee's hours of work since the employee's most recent date of hire, and shall accumulate . Seniority for casual employees will be calculated based on straighthours worked.
14.2 There will be a seniority list for full-time hoursand casual employees. These lists shall be maintained and updated one week prior to the sign-up dates or approximately every four (4) months with a copy posted and given to the union.
16.02 Straight14.3 Employees laid off by the Employer will be laid-time hours for off in inverse order of seniority with proper notification to the purposes of this Article shall also includeUnion President.
14.4 Seniority rights will be terminated:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of If an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;
b) If an employee is discharged and such discharge is not reversed through the employee retiresgrievance/arbitration procedure;
c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work without permission for more than three (3) consecutive working days or more unless If an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately within three (3) consecutive scheduled working days after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days receipt of being telephoned or having notice of recall delivered issued by the Employer and sent registered mail to the employee's home address. Such mailing shall be to the last known address of the employee that shown in the Employer’s records;
d) If an employee fails to report to work upon expiration of any leave of absence, unless a reason satisfactory to the Employer has is given;
e) If an employee is absent for three (3) consecutive scheduled working days without notifying the Employer.
14.5 Any regular piece of work that becomes open due to a permanent departure, or where an employee will be absent with a definite return to work date that is in its files for that excess of 14 days prior to the completion of a sign up will be dealt with as follows:
i) a mini sign up will be held affecting only those operators below the absent operator’s seniority slot.
ii) the remaining piece of work will be filled by a casual employee and such mailings shall be deemed in order of seniority (payable at full wages)
iii) in the event of a return to have been received work by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days absent employee earlier than the original date of such posting. If no challenge is made within thirty (30) daysreturn, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and returning employee will be provided securely scheduled as full time in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service casual slot with the Armed Forces closest shift selection to their previous piece of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rightswork until their regular return to work date.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. 16.01 11.01 Seniority is defined for the purpose of this Agreement as the employee's hours length of work since continuous service of any employee of the employee's most recent Company, computed from the date of hireninety (90) working days prior to the date such employee actually attains seniority by completing his probationary period in the manner set forth in Article 11.02 hereof, and shall accumulate based on straight-time hoursapply only to the extent specifically provided in this Agreement. If two
11.02 An employee shall not have any seniority and shall be considered a probationary employee until he has completed ninety (90) continuous working days of active service with the Company. During such probationary period he will have no seniority rights.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 11.03 The seniority of an employee shall be lost and his employment automatically terminated for any of the following reasons:
(a) the employee quitsif he quits his employment;
(b) the employee retiresif he is retired;
(c) the employee if he is discharged for just cause and is not reinstated;
(d) the employee if he has been laid off for a period of twelve (12) months;
(e) if he is absent from work without permission his duties for more than three (3) or more consecutive working days, unless the employee can establish that he has a verifiable bona fide reason and that he used his best efforts to be at work;
(f) if he is absent from his duties for three (3) or more consecutive working days or more unless an explanation satisfactory to without notifying the Employer is given by the employee for both the Company in advance of his absence and the failure expected duration of the absence, unless the employee can demonstrate that he was unable through reasonable efforts to request permissionprovide this notification;
e(g) the if an employee overstays a vacation or leave of absence without in advance securing a written the extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request samePlant Manager;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
(h) if the an employee who is recalled to work and fails to return within four five (45) working days of being telephoned or having notice of recall delivered by registered mail to the employee's home addresshis residence. Such mailing shall be delivered to the last address of the employee that the Employer Company has in its files for that employee and such mailings mailing shall be deemed to have been received by the employee. If the Company recalls the employee by telephone, it will be confirmed by mail delivered in the above manner;
(i) if an employee utilizes a leave of absence for a purpose other than that for which it was granted;
(j) if an employee fails to return to work immediately after being recalled after the Company has been notified by a doctor or the Workers' Compensation Board that the employee is able to return to his job.
16.06 The Employer agrees to post seniority lists for 11.04 Employees who accept a position with the Company that is outside of the bargaining unit employees every shall continue to accumulate bargaining unit seniority for the first six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of months after such posting. If no challenge is made within thirty (30) daystransfer, the employee's after which time all bargaining unit seniority shall be deemed correctlost. Such information If such an employee later returns to the bargaining unit, he shall have no seniority but his full service shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves recognized for purposes of the Employer's collective agreement wherever length of service, or is dismissed for cause and is later re-engagedrather than seniority, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employeesdetermines entitlement.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 9.01 Seniority is defined shall be based on the length of service an employee has been on the payroll, as the employee's hours a full time employee covered by this collective agreement, subject to Section 10.02 of work since the employee's most recent date of hirethis Article.
9.02 An employee shall lose all seniority rights, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee his employment shall be lost and employment automatically terminated terminated, for any one or more of the following reasons:
a) the employee quits;voluntary resignation
b) the employee retires;discharge for cause
c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without after layoff
d) If eight (8) months has lapsed from the date of his layoff, or in the case of an acceptable reason immediately after employee with five (5) or more years of seniority, twelve (12) months have lapsed from the Employer has been notified by date of his layoff.
e) Failure to respond to a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return courier letter within four seven (47) days of being telephoned or having notice of recall delivered by registered mail to from the employee's home address. Such mailing shall be to date received at the last address on the employee file.
9.03 In the event of a reduction of the employee that working force, the Employer has in its files for that employee Company shall apply the principle of "last on, first off" insofar as it is consistent with management's obligation to maintain a capable and such mailings efficient working force. Following a layoff, rehiring shall be deemed carried on conversely to have been received by the employeeoutlined layoff procedures.
16.06 The Employer agrees 9.04 A list showing the seniority of each employee shall be compiled and kept posted on the bulletin board. This list shall be revised every fourth (4th) month of each year, with a copy to post seniority lists the Union, showing names and starting dates. Any errors shall be reported to the Shop Xxxxxxx with a request for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so correction of the list within thirty (30) days of such postingposting of the list, otherwise the list as posted shall govern seniority.
9.05 Part-time employees or hired truckers will not be used while full-time employees are available. If no challenge is made within thirty (30) daysWhere part-time employees are used, the employee's seniority shall regular employees will be deemed correct. Such information shall be provided called in electronic format, such as Microsoft Excelfirst, and where possible, full-time drivers will not be provided securely sent home while a part-time employee is working, when a change-over in an agreed upon fashionequipment can reasonably be made without extra cost to the Company. Part-time employees will not accrue seniority.
16.07 Where an 9.06 The Company will not send home a senior employee voluntarily leaves with less than eight (8) hours work while a junior employee continues to work, providing that a change-over in equipment can reasonably be made without extra cost to the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employeesCompany.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY. 16.01 Seniority is defined as the employee's hours of work since the employee's most recent date of hire, 14.01 Employees will be considered on probation and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only will not be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated eligible for any of the following reasonsseniority provisions of this Agreement nor shall their names be placed on a seniority list until after they have completed five hundred (500) hours of work. Upon completion of such probationary period, the employees' names shall be placed on the appropriate seniority list with their seniority dating back to their first day of employment.
14.02 It is understood that probationary employees may be dismissed by the Employer for reasons less serious than might justify the dismissal of employees who have acquired seniority and, accordingly, the dismissal of probationary employees will not be the subject of a grievance.
14.03 Seniority shall be defined, for the purpose of this Agreement, as the net credited service of the employee.
14.04 Seniority lists showing all employees' seniority shall be brought up to date and posted twice annually in each department: January and July. After such posting, such lists shall become final with respect to the employees designated therein except to those employees who dispute, under the Grievance Procedure, the accuracy of their seniority date within ten (10) working days, which, as to employees on vacation or authorized absence, will commence upon the employees' return to work.
14.05 Seniority shall be continuous but employees shall lose all seniority and their employment rights shall be terminated if they:
(a) are discharged, unless reversed in the employee quits;grievance and arbitration process.
(b) the employee retires;voluntarily quit.
(c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work without permission for more than have an unexcused absence of three (3) consecutive scheduled working days or more more, unless an explanation satisfactory the persons were unable to communicate or cause to be communicated to the Employer is given by the employee reasons for both the their absence and the failure due to request permission;physical or mental illness or injury.
e(d) the employee overstays a vacation or accept employment elsewhere while on authorized leave of absence without securing a written extension the consent of such the Employer.
(e) are laid off for more than the length of the employees' seniority at the time of the layoff, not to exceed two (2) years.
(f) fail to return or to make satisfactory arrangements within five (5) days after notification to return from layoff.
(g) retire.
(h) fail to return from authorized leave of absence or vacation from within three (3) consecutive scheduled working days without advising the appropriate Directorsupervisor or Human Resources department and giving reasons satisfactory for their absence.
14.06 Employees who desire to change shifts within their classification shall file a written "Shift Change Request," stating the shift they prefer. When an opening exists, unless an explanation satisfactory to management will review such Shift Change Requests and the Employer is given opening will be filled by the most senior employee for both desiring the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home addressavailable shift opening. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees that "Shift Change Requests" will be considered, on the basis of seniority, every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee that this does not constitute a break in guarantee that change will occur. In order for a Shift Change Request to be valid, it must be on file prior to the continuous service and shall not affect an employee's seniority rightsoccurrence of the opening. Once the opening does occur, the Employer will fill the opening from the active requests or by some other method, if no one has a Shift Change Request for the vacant position.
14.07 Management reserves the right to mandate shift changes based upon business needs. Employees will receive a minimum of a four (4) weeks’ notice prior to the shift change going into effect.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 13.01 Seniority is defined as for employees shall be calculated based on the employee's number of hours of work for which an employee has received pay from the Employer since the employee's most recent last date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
(a) paid holidays;
b) paid vacation;
c) leave while An Employee on Pregnancy and Parental Leave, on compensable leave, or in receipt of wageworkplace safety insurance benefits for a period of up to twenty-loss benefits under the
dfour (24) paid sick leave; and
e) approved leaves under months or on leave without pay for Union business pursuant to Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit 20.5, shall continue to accumulate seniorityaccrue Seniority during the period of such leave.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;
(b) the employee retires;
c) the employee is discharged An Employee on approved leave, without pay, for just cause and is not reinstated;
d) the employee is absent from work without permission for more a period of less than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, shall continue to accrue Seniority during the employee's period of such leave.
13.03 Employees shall lose their seniority and be deemed terminated from the Employer if:
(a) They resign from the Employer.
(b) They are discharged from the Employer and that discharge is not overturned by a Board of Arbitration.
(c) They are laid off and not recalled for a period of twenty-four (24) months or their length of seniority, whichever is less.
(d) They fail to report for work within seven (7) working days after a layoff, after being notified of recall by registered mail at their last known address.
(e) They are absent for three (3) or more shifts without approval from the Employer except where approval is not obtained for a valid reason.
(f) They fail to return to work when scheduled upon the completion of any authorized Leave of Absence, unless absence is due to a reason that is acceptable to the Employer.
(g) They are absent due to non-industrial sickness or non-industrial accident for a period which amounts to frustration of the employment relationship.
13.04 An employee on probation will have no seniority rights during that period. After he has completed his probation period, his seniority shall be deemed correctadjusted to reflect the number of hours for which he received pay from the Employer since the date of hire.
13.05 Within the Shepherds of Good Hope, the Employer will post and maintain a seniority list. Such information shall up to date listings will be provided emailed to employees and posted in electronic format, such all programs and in the staff lounge with a copy to the unit chair as Microsoft Excel, of January 31 and July 31 of each year. Copies of current lists will be provided securely in an agreed upon fashionto the Shop Xxxxxxx.
16.07 Where 13.06 The Employer will notify the Union when an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employeesresigns without notice.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 26.1 Seniority is defined as will be computed in daily increments, from the employee's hours of work since the employee's most recent date of employment with XXX, and, except as provided in Section 27.6, below, represents the employee’s length of continuous service within the bargaining unit.
26.2 Seniority will accrue during periods of paid vacation and sick leave and other leaves with pay. Seniority will not accrue during periods of layoff. However, for those employees who were employed prior to 1992, seniority will be calculated based on the original date of hire, and shall accumulate based on straight-time hoursregardless of breaks of service for the period to January 1, 1992.
16.02 Straight-time hours for the purposes of this Article shall also include26.3 Seniority accrual will cease and all accrued seniority will be forfeited when:
a) paid holidaysa. an employee resigns from XXX;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of b. an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstatedcause;
d) c. an employee on xxxxxx fails to respond to a recall notice within the time periods or in the manner specified in Article 33 (Xxxxxx and Recall);
x. the recall rights of an employee on layoff expire;
e. an employee is absent from work without permission for more than three (3) consecutive working work days or more without notifying XXX unless an explanation satisfactory to the Employer is given by the employee for both the absence and has a valid reason justifying the failure to request permissionnotify XXX;
e) the f. an employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless who is discharged and then reinstated by an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee arbitrator fails to return report to work without an acceptable reason immediately within five (5) work days after the Employer has been notified by employee’s receipt of a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be reinstatement or within fifteen (15) work days after XXX sends a notice of reinstatement to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed furnished to have been received XXX by the employee, whichever is sooner; or
g. an employee, without authorization, fails to return on the next work day following disciplinary suspension.
16.06 The Employer agrees 26.4 An employee whose seniority has been forfeited will be credited for purposes of vacation accrual rate with the seniority he or she had prior to post seniority lists for bargaining unit employees every six forfeiture and will be re-credited with up to ten (6) months. Employees who wish to question their seniority must do so within thirty (3010) days of such postingforfeited accrued sick leave when:
a. the employee is re-employed by XXX within twelve (12) months after forfeiture of seniority; or
b. the employee is re-employed after resigning from XXX to accept employment with a C/SNA o r M S D without any break in employment.
26.5 An employee who returns to or becomes a p a r t o f t h e bargaining unit from a non- bargaining unit position without any break in XXX employment will be credited for all purposes with the seniority the employee had prior to leaving and/or joining the bargaining unit. If no challenge is made within thirty (30) daysIn addition, the employee's employee will be given seniority shall be deemed correct. Such information shall be provided credit for all purposes for the time worked in electronic format, such as Microsoft Excelthe non- bargaining unit position, and will be provided securely in an agreed upon fashionretain any accrued leave.
16.07 Where an 26.6 An employee voluntarily leaves with no prior XXX employment who is hired by XXX directly from a C/SNA or Multi-State Division (MSD) will be credited for purposes of vacation accrual rate with the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time number of re- employment, according to regulations applying to new employees.
16.08 It is understood years of continuous service with the Armed Forces of Canada C/SNA or MSD.
26.7 Part-time employees will receive seniority pro-rata.
26.8 An employee who has forfeited seniority will not be re-accredited with that seniority for competitive purposes or for any other purpose other than vacation accrual rate, in time of war or compulsory military serviceaccordance with Sections 26.4 -26.6, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rightsabove.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY. 16.01 Seniority is defined as Section 1. After a probationary employee becomes a regular employee, he shall be credited with seniority dating retroactively from the employee's hours of work since first day that he worked. If two (2) or more employees' seniority bear the employee's most recent date of hiresame date, and their seniority standing shall accumulate based on straight-time hoursbe determined alphabetically by last name.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Section 2. Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee and employment shall be lost and employment automatically terminated for any of the following reasons:
aA) the employee Employee quits;.
bB) the employee retires;
c) the employee Employee is discharged for just cause or dismissed and not reinstated in accordance with this Agreement.
C) Employee fails to return to work within five (5) calendar days after issuing of Company notice of recall by registered mail, courier, and/or by telephone to the last known address of such employee as shown in the Company records, and a copy of such notice is not reinstated;sent to the Union. A copy of the mailing receipt will become a part of the employee's records.
dD) the employee Employee is absent from work without permission for more than three (3) consecutive working days or more without properly notifying the Company, unless an explanation satisfactory to the Employer such failure is given by the employee for both the absence and the failure to request permission;satisfactorily explained.
eE) the employee Employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;absence.
fF) the employee utilizes Employee uses a leave of absence for purposes any purpose other than those that expressly requested and granted.
G) Employee is laid off with less than one (1) year seniority, for which it was granted;a period of twelve (12) months; with more than one year seniority, for a period of twenty-four (24) months.
gH) the An employee fails to return to work without an acceptable reason immediately after the Employer has been notified by off work due to a physiciancompensable or non- compensable injury or illness, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within for a period of twenty-four (424) days of being telephoned or having notice of recall delivered by registered mail months, subject to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee person’s rights under all applicable legislation including, but not limited to, Employment Standards, Workplace Insurance and such mailings shall be deemed to have been received by the employeeSafety, Labour Relations and Human Rights Code.
16.06 The Employer agrees to post seniority lists for Section 3. An employee who is transferred outside the bargaining unit employees every and for reasons other than misconduct is unable to retain this position, shall retain his seniority within the plant, for a period of six (6) months and may reclaim his former job within those six (6) months. When an employee returns to work within the bargaining unit, he shall be credited for all time worked outside the bargaining unit. Employees who wish transfer to question their position outside the bargaining unit may not voluntarily return to the bargaining unit after six (6) months except to claim the job of the lowest seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rightsbargaining unit, providing the transferee is senior.
Appears in 1 contract
Samples: Labour Agreement
SENIORITY. 16.01 9.01 Seniority is for all employees shall be defined as the employee's hours length of work since continuous service with the employee's most recent date of hire, and shall accumulate based on straightCo-time hoursoperative within the bargaining unit.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 9.02 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniorityduring all paid and unpaid authorized leaves of absence except Union Leave as per Article 18.
16.05 The seniority of 9.03 Seniority shall be broken and all rights forfeited when:
(a) an employee shall be lost and employment automatically terminated for any of is dismissed by the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee is discharged Co-operative for just cause and is not reinstatedreinstated through the grievance and/or arbitration procedure contained in this Agreement;
(b) an employee voluntarily leaves the service of the Co-operative;
(c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff;
(d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address;
(e) an employee is absent from work without permission a leave of absence for more than three (3) consecutive working days or more shifts unless an explanation a satisfactory to the Employer reason is given by the employee. Sickness or inability to communicate with the Co-operative shall be considered a satisfactory reason.
9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for both demotions and reduction to part- time, where reverse order of seniority shall apply.
9.05 Seniority shall be the absence and governing factor in the failure choice of vacation. The provisions contained in Article 9.10 do not apply in the application of this article.
9.06 Any employee promoted to request permission;
ea position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee overstays a vacation is not successful in their new position, or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by if the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits.
9.07 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part- time seniority list for the purpose of receiving part-time hours of work without within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one (1) full-time employee within the same department is being employed on a part-time basis at the same time.
9.08 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list.
9.09 The Co-operative agrees to give two (2) weeks' notice prior to changing an acceptable reason immediately after employee's status from full-time to a part-time basis.
9.10 Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees will have seniority only over other part-time employees.
9.11 Preference in daily available hours of work within a department for part-time employees shall be given to the Employer most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has been notified by a physician, an insurer or WorkSafeBC that the ability to do the normal requirements of the job and providing the employee is able to return to work;
h) if the employee is recalled available and willing to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employeeadditional hours.
16.06 The Employer agrees to post seniority lists 9.12 When a part-time employee works the basic work week for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.thirteen
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 a) Seniority is defined as and service (service for the employee's purposes of progression on the vacation and wage grids) shall be calculated on the basis of hours of work accumulated since (the employee's most recent last) date of hire, with 1800 hours accumulated being equivalent to one year of seniority or service. For full-time employees who are hired on the same date and who continue to work the same number of hours, their ranking on the seniority list will be done by lottery conducted on the first day of work.
b) A seniority list shall be posted every six months with a copy sent to the Union and shall accumulate based on straight-time contain the employee’s name, start date and total number of accumulated hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 13.02 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The lose all seniority of an employee and shall be lost deemed to have ceased employment and employment automatically been terminated without further notice for any of the following reasons:.
a) the employee quitsresignation;
b) the employee retiresretires or is retired;
c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work without permission for more than a period of three (3) consecutive working days or more without notifying the Employer, unless an a reasonable explanation satisfactory is provided to the Employer is given by the employee for both the absence and the failure to request permissionEmployer;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately within seven (7) calendar days following a recall from lay-off after being notified by registered mail to do so. It shall be the Employee’s responsibility to notify the Employer of their current address.
f) has been notified by laid-off for a physician, an insurer or WorkSafeBC that period of eighteen (18) months;
g) leaving the employee is able to return to workEmployer’s premises during regular working hours without the permission of the Employee’s immediate Supervisor;
h) if failure to report for work as scheduled at the employee is recalled to work and fails to return within four (4) days end of being telephoned a leave of absence, vacation, or having notice of recall delivered by registered mail suspension, unless a reason satisfactory to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received employer is given by the employee;
i) engages in gainful employment without the authorization while on an approved leave of absence;
j) has been on Workplace Insurance Safety Compensation for over 24 months;
k) has been absent due to illness or non-compensable injury for over 24 months.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 a) Seniority is defined as and service (service for the employee's purposes of progression on the vacation and wage grids) shall be calculated on the basis of hours of work worked since the employee's most recent last date of hire, and shall accumulate based on straightwith 1800 hours worked being equivalent to one year of seniority or service. For full-time employees who are hired on the same date and who continue to work the same number of hours, their ranking on the seniority list will be done by lottery conducted on the first day of work.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt A seniority list shall be posted every six months with a copy sent to the Union and shall contain the employee=s name, start date and total number of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22accumulated hours worked.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 13.02 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The lose all seniority of an employee and shall be lost deemed to have ceased employment and employment automatically been terminated without further notice for any of the following reasons:.
a) the employee quitsresignation;
b) the employee retiresretires or is retired;
c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work without permission for more than a period of three (3) consecutive working days or more without notifying the Employer, unless an a reasonable explanation satisfactory is provided to the Employer is given by the employee for both the absence and the failure to request permissionEmployer;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately within seven (7) calendar days following a recall from lay-off after being notified by registered mail to do so. It shall be the Employee=s responsibility to notify the Employer of their current address.
f) has been notified by laid-off for a physician, an insurer or WorkSafeBC that period of eighteen (18) months;
g) leaving the employee is able to return to workEmployer=s premises during regular working hours without the permission of the Employee=s immediate Supervisor;
h) if failure to report for work as scheduled at the employee is recalled to work and fails to return within four (4) days end of being telephoned a leave of absence, vacation, or having notice of recall delivered by registered mail suspension, unless a reason satisfactory to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received employer is given by the employee;
i) engages in gainful employment without the authorization while on an approved leave of absence;
j) has been on Workplace Insurance Safety Compensation for over 24 months;
k) has been absent due to illness or non-compensable injury for over 24 months.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 Seniority is defined Section 1. Employees, other than temporary employees, upon completion of their probationary period, shall be placed on their department seniority list as provided in Article VIII, above. When two (2) or more employees are hired on the same date, the employee's hours of work since , whose card was punched in first, shall be considered senior. New employees shall be assigned to a department and be placed on their department seniority list in accordance with such seniority date. When two (2) or more employees enter a department on the employee's most recent date of hiresame day, and the employee with greater service with the City shall accumulate based be placed on straight-time hourssuch list first.
16.02 StraightSection 2. In the event employees are permanently transferred from one department to another for any reason, they shall be placed on such new department seniority list in accordance with their date-time hours of-entry in such department, provided, however, in Departments 3, 4 and 5 listed in Section 3 below, after an
Section 3. The departments for the purposes of this Article seniority shall also includebe:
a) paid holidays;1. Waste-Water Treatment Plant
b) paid vacation;2. Water Treatment Plan
c) leave while in receipt of wage-loss benefits under the3. O & M
d) paid sick leave; and4. Public Works
e) approved leaves under Article 22.5. Parks and Forestry and Oakwood Cemetery
16.03 Section 4. Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of terminate and an employee shall be lost and employment automatically terminated for any of discharged if the following reasonsemployee:
(a) the employee quits;Quits or retires.
(b) the employee retires;
c) the employee is Is discharged for just cause and is not reinstated;.
d(c) the employee is Is absent from work without permission for more than three (3) consecutive working work days or more without notifying the City within said period, unless an explanation satisfactory to the Employer is given by the employee as a result of physical impossibility.
(d) Is absent for both the absence and the failure to request permission;three (3) consecutive days without justifiable reason.
(e) the employee overstays Gives a vacation false reason to obtain a leave, or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work on the first day after termination of any leave of absence without an a bona fide excuse acceptable reason immediately after to the Employer City.
(f) Is laid off for a period equal to his seniority at the time of layoff or three (3) years, whichever is lesser.
Section 6. The seniority of any employee will not be terminated because of place of residence.
Section 7. Employees shall notify the City of their proper post office address or change of address, and they shall be given a receipt from the City that such notice has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home addressgiven. Such mailing The City shall be entitled to rely upon the last address of the employee that the Employer has in shown upon its files records for that employee and such mailings shall be deemed to have been received by the employeeall purposes.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) monthsSection 8. Employees who wish to question are promoted or transferred out of the unit, but who continue as employees of the City shall retain their seniority must do in the Unit, but shall not accumulate seniority while out of the Unit in any event they are returned by the City to the unit. This shall apply to prior as well as future promotions or transfers.
Section 9. Employees who are elected or appointed to office or positions in the International Union, which make it necessary to leave their employment, shall retain their seniority and shall accumulate seniority during the time they hold the position.
Section 10. The City will grant leave of absence to employees so within thirty (30) days elected or appointed upon request of such postingthe Union. If no challenge is made within thirty (30) days, the employee's seniority Said leave shall be deemed correctrenewed annually upon request.
Section 11. Such information Employees who have been permanently, or partially incapacitated by occupational injury or illness arising out of and in the course of their employment with the City may be assigned other work which, in the judgment of management and agreeable to the Union, they are capable of performing without regard to any seniority provisions of this Agreement, provided that this provision shall not accord them super- seniority beyond their seniority date.
Section 12. Employees so assigned shall be provided paid the regular rate of the job to which they are assigned, unless their incapacity renders them unable to perform a normal day's work, in electronic format, such as Microsoft Excel, which case a lesser rate shall be agreed to between the City and will the Union. This provision shall not be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer construed as a supervisory guarantee of employment or an obligation to create work not normally available. This provision shall be without prejudice to any rights which may accrue to such employee does not constitute a break in under the continuous service and shall not affect an employee's seniority rightsapplicable Workers’ Compensation Act.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY. 16.01 21.01 Seniority is defined as referred to in this Agreement shall mean length of service in the bargaining unit, dating back to original date of hire at the location identified in Article I - Recognition, and shall be applied on a bargaining unit-wide basis.
21.02 An employee shall lose their seniority and the employee's hours employment shall be deemed to be terminated in the following circumstances:
(a) if they voluntarily quit their employment with the Employer;
(b) That they are discharged and are not reinstated through the Grievance or Arbitration Procedures;
(c) That they are off work because of work since lay-off, accident or illness for twelve (12) months or the length of the employee's most recent date of hireseniority, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidayswhichever is shorter;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
(d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated fails to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with notify the Employer outside within two (2) working-days that they will report to work after being notified by the bargaining unit shall continue Employer to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated report for any of work or subsequently fails to report for work within five (5) working-days after being notified by the Employer by registered mail to report for work following reasons:
a) the employee quits;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work without permission for more than three (3) consecutive working days or more lay- off unless an explanation a reason satisfactory to the Employer is given by the employee for both the absence and the failure to request permissiongiven;
(e) Absence from work for one (1) day without notifying the employee overstays a vacation or Employer, except in extenuating circumstances;
(f) if they accept other employment during any leave of absence without securing a written extension granted by the Employer.
21.03 An employee shall accumulate seniority under any of such the following conditions:
(a) when actually at work for the Employer;
(b) when absent on vacation with pay, on plant holidays or on approved leave of absence or vacation [up to three (3) months for leave of absence];
(c) during any period when they are prevented from the appropriate Director, unless an explanation satisfactory to performing their work for the Employer is given by reason of illness, accident and/or injury arising out of and in the employee for both the need course of their employment for the extension Employer and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
gthey are receiving compensation under the provisions of the Workers' Compensation Board Act for a period of up to twelve (12) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer months or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employeeseniority, whichever is shorter.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees 21.04 An employee who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's qualify to accumulate seniority rights.under Article
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 Seniority is 27.01 “Employer Seniority” shall be defined as the employee's hours ’s length of work since continuous service with the Employer as measured from the employee's ’s most recent date of hirehire by the Employer in the operation covered by this agreement. “Classification Seniority” shall be defined as the employee’s length of continuous service within his/her classification at the following outlets: CSQ, Xxx Hortons CSQ, Pizza, Complex I and II, Xxx Hortons PSII, Booster Juice CSQ, Pod CSQ, Osgoode Bistro, Starbucks CFT and Freshii and Xxxxxxxx, or at such location the employee may be working. Classification seniority will be used for purposes of Article 28- Layoff and Recall and Article 32 - Hours of Work and Overtime and scheduling. Employer seniority will be used for purposes of Article 36, Vacation and Article 29, Job Posting unless specified otherwise. In the event two or more employees are hired on the same day their seniority shall accumulate based on straight-time hoursbe decided by a mutually agreed lottery of those employees.
16.02 Straight-time hours for 27.02 The Employer shall provide to the purposes Union, in September and January each year a copy of this Article an up to date seniority list which shall also include:
a) paid holidays;
b) paid vacation;
c) include the name and date of hire and telephone number and address of each employee along with their most recent job title, noting any who have quit and any who are on leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum absence. A seniority list showing date of 1,950 hours per year.
16.04 An hire and classification of each employee who accepts a temporary assignment with the Employer outside of the bargaining unit shall continue to accumulate senioritybe posted n the Union bulletin board. If the Union or the employee has raised no objections within thirty (30) calendar days of the posted seniority list, the list shall be deemed accurate.
16.05 The seniority of 27.03 Continuous employment shall be broken and an employee shall be lost and employment automatically deemed terminated for any of the following reasons:reason(s). If such continuous service is broken, the employee shall be considered a new employee for all purposes if and when rehired.
a) the employee quitsResignation, retirement, or quit;
b) the employee retiresDischarge for just cause;
c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work without permission for more than Absence of three (3) consecutive working days without notice to or more unless an explanation providing a satisfactory reason to the Employer is given by Employer;
d) Layoff without recall after a period of one (1) year from the employee for both the absence and the failure to request permissiondate of layoff;
e) Working during a leave of absence, except for work in conjunction with a leave for Union business or authorized by the employee overstays a vacation or Employer;
f) Any absence beyond an authorized leave of absence without securing a written extension of such leave of absence the Employer’s permission or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes has a leave of absence for purposes other than those for which it was grantedsatisfactory reason;
g) the employee fails Failure to return to work without an acceptable reason immediately within five (5) working days after the Employer has been notified by a physician, an insurer or WorkSafeBC that gives the employee is able written notice to return to work;
h) if work from layoff, and failure to notify the employee is recalled Employer of their intentions to return to work and fails to return within four five (45) working days of being telephoned or having after such notice of recall delivered by registered mail to the employee's home addressis given. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings notice shall be deemed to have been received sufficiently given if sent to the employee by a reliable, documented means (such as a registered letter) to the last address furnished by the employeeemployee to management.
16.06 The Employer agrees 27.04 An employee whose status is changed from full-time to post seniority lists part-time or vice versa, for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days the purposes of such posting. If no challenge is made within thirty (30) days, the employee's classification seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, follows:
I. A full-time employee who wishes to become part-time will do so only by mutual consent and will be provided securely in an agreed upon fashionplaced on the top of the part-time seniority list.
16.07 Where an employee voluntarily leaves II. Part-time employees who become full-time will be placed on the Employer's service, or is dismissed for cause and is later rebottom of the full-engaged, time seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employeeslist.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 Seniority is defined as 7.01 Principles of seniority are applicable to hiring, layoff and recall. Upon completion of the employee's hours of work since the employee's most recent date of hireprobationary period, and seniority shall accumulate be calculated based on straight-time hours.
16.02 Straight-time accumulated hours worked, whether in the current season or a previous season for all employees. The Employer will maintain one seniority list and will identify employees as either foreign or domestic on that list. In keeping with Human Resources and Development Canada and Service Canada requirements, the residency/citizenship of domestic employees will take precedence over the seniority of Foreign Workers in issues of obtaining and maintaining employment. Seniority for piece work shall be calculated for hours actually worked. Subject to the provisions of this Article below, seniority of foreign workers in prior seasons shall be maintained, notwithstanding termination of employment at the end of a season pursuant to the SAWP Program. Foreign workers' seniority shall begin to accumulate from the previous seniority amount upon the first day worked in the next season. Where a foreign worker is transferred to the Employer from another farm, pursuant to the terms of the SAWP Program, the foreign worker's prior service with another farm shall not be considered for the purposes of this Article Article.
7.02 Seniority shall also includebe considered broken and employment terminated if an employee:
(a) paid holidaysis duly discharged by the Employer and not reinstated through the Grievance and/or Arbitration procedure of this Agreement;
(b) paid vacationvoluntarily quits or resigns;
(c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work without permission a written leave of absence for more than three (3) consecutive working days or more more, unless an explanation satisfactory to the Employer a reason is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer Employer;
(d) has been laid off continuously for a period of twelve (12) months, or is recalled from layoff and does not report to work within three (3) working days, unless a reason is given by the employee for both satisfactory to the need for Employer; or in the extension and case of foreign workers, does not return on the failure to request same;flight arrangements made on their behalf.
f(e) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without on the completion of an acceptable authorized leave of absence, unless a reason immediately after the Employer has been notified is given by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail satisfactory to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employeeEmployer.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within 7.03 Within thirty (30) calendar days of such posting. If no challenge is made within thirty (30) daysratification, and in January and July of each year, the employee's Employer shall provide a seniority list, which includes seniority, whether a Foreign Worker, and full time or part time status. When the farm is operational and bargaining unit employees are working on the farm, the seniority list shall be deemed correct. Such information posted outside the office (which shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves supplied by the Employer's service, or is dismissed for cause ) and is later re-engaged, seniority and all perquisites shall date only from also faxed to the time of re- employment, according to regulations applying to new employeesUnion.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 Seniority (a) The Parties recognize that job opportunity and seniority shall increase in proportion to the length of service. It is defined agreed that the term "seniority" as the used herein shall have reference to any employee's hours right to a job based upon his length of work since service with the employee's most recent Company and his ability to efficiently fulfil the job requirements.
(b) All promotions, transfers, filling of vacancies, lay-offs, training, and recall from layoffs shall be done strictly in accordance with the principle set forth in Article 8.01 (a).
(c) Seniority of each employee covered by this Agreement shall be established after a probation period of ninety (90) calendar days and shall count from date of hire, and shall accumulate based on straight-time hoursemployment.
16.02 Straight-time hours for the purposes of this Article (d) Seniority shall also includebe maintained and accumulated during absence due to:
a(i) paid holidaysLay-off;
b(ii) paid vacationSickness or non-compensable accident covered by authorized leave of absence;
c(iii) Authorized leave of absence;
(iv) Absence from employment while serving in receipt of wage-loss benefits under theCanada's Armed Forces;
d(v) paid sick leaveAbsence from employment on Union business; andand/or
(vi) Absence due to accident or sickness covered by W.C.B.
(e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The lose his seniority of an employee standing and his name shall be lost and employment automatically terminated removed from all seniority listings for any of the following reasons:
a(i) If the employee voluntarily quits;
b(ii) the employee retires;
c) If the employee is discharged for just cause and is not reinstatedreinstated under the terms of this Agreement;
d(iii) If the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence laid off and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately within three (3) working days after the Employer he has been notified to do so by the Company by registered mail to his last known address; and/or
(iv) If on lay-off for lack of work for a physician, an insurer or WorkSafeBC that the employee is able to return to work;period of more than twenty-four (24) consecutive months.
h(v) if the employee is recalled to work and fails to return within four (4) days accepts severance allowance as per the provisions of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employeeArticle 12.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 (a) Seniority is of an Associate shall be defined as the employee's hours length of work continuous employment since the employee's most recent last date of hire, and hire with the Company in the Bargaining Unit. Seniority shall accumulate based on straightonly be credited upon completion of the probationary period. Seniority rights will apply only to the extent expressly provided in this agreement. Separate seniority lists shall be kept for regular full-time hoursAssociates and part-time Associates. The Employer will provide updated seniority report to the Union every two (2) months or upon request.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
(b) paid vacation;
c) leave while in receipt of wageAny non-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee bargaining unit Associate who accepts a temporary assignment with the Employer outside enters the bargaining unit shall continue accumulate seniority from the date of entry. Should a bargaining unit Associate leave the bargaining unit and remain employed in the Company in any capacity and subsequently return to accumulate senioritythe bargaining unit, such Associate will return with seniority based on her actual time in the bargaining unit.
16.05 (c) In the event two (2) or more employees are hired on the same date their placement on the seniority list, following the probationary period, shall be determined by the luck of a draw conducted by the parties.
12.02 The seniority of an employee Associate shall be lost and her employment automatically terminated for any of the following reasons:
(a) the employee quitshe quits his employment;
(b) the employee he retires;
(c) the employee he is discharged for just cause and such discharge is not reinstatedreversed through the grievance or arbitration procedure;
(d) he does not perform work for the employee Company for a period of twelve (12) months in the case of layoff or for twenty-four (24) months for any other reason unless that reason is in violation of the British Columbia Human Rights Code or any other applicable legislation. The Company agrees to indemnify the Union with respect to any complaint or grievance if the Union is found in violation of the Code or applicable legislation as a result of this clause.
(e) he is absent from work without permission for more than three two (32) consecutive working days or more days, unless an explanation satisfactory to the Employer Company is given by the employee for both the absence and the failure to request permissionAssociate;
e(f) the employee he overstays a vacation or leave of absence without securing a written the extension of such leave of absence or vacation from the appropriate Director, Store Manager unless an explanation satisfactory to the Employer Company is given by the employee for both Associate;
(g) he is recalled to work, but fails to return within ten (10) calendar days of the need for the extension and mailing of notification to return unless the failure to request samereturn were for reasons completely beyond the control of the Associate. Such mailing shall be by registered mail to the last address of the Associate that the Company has in its files for that Associate;
f(h) the employee if an Associate utilizes a leave of absence for purposes other than those for which it was granted;
g(i) the employee he fails to return to work without an acceptable reason immediately after the Employer Company has been notified by a physician, an insurer doctor or WorkSafeBC Workers’ Compensation Board that the employee Associate is able to return to work;his job and all appeal procedures related to the Associate’s claim have been exhausted.
h(j) if In the employee is recalled case of a part-time Associate where the Associate has not been scheduled to work and fails to return within four for more than three (43) days of being telephoned months or having notice of recall delivered by registered mail to where the employee's home address. Such mailing shall be to the last address of the employee that the Employer Associate has in its files not accepted work for that employee and such mailings shall be deemed to have been received by the employeemore than one (1) month.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 Seniority is defined as 8.01 The seniority of an employee means the employee's hours length of work since the employee's most recent date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment his continuous service with the Employer outside since the bargaining unit shall continue to accumulate senioritydate of last hiring, as described in Article 9.
16.05 8.02 The seniority and employment of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee if he voluntarily quits;
b) if he is discharged and not reinstated in accordance with provisions of the employee retiresagreement;
c) the employee is discharged for just cause and is not reinstated;
d) if the employee is absent from work without permission Employer-approved leave of absence for more than three (3) consecutive working days or more days, unless an explanation satisfactory the employee offers a reason acceptable to the Employer, why he could not contact the Employer;
d) if absent from work due to sickness or a noncompensable injury for a period in excess of three (3) consecutive days without providing the Employer is given by the employee for both the absence and the failure to request permissionwith an acceptable medical certificate from a qualified medical practitioner;
e) if an employee is laid off due to lack of work, and his recall rights expire as per Article 10;
f) if an employee is absent for a period exceeding twelve (12) consecutive months on account of nonoccupational injury or illness unless the employee can submit medical evidence that a return to work is possible within a reasonable period of time;
g) if an employee, upon being recalled, fails to notify the Employer within forty-eight (48) hours of being given notice of recall, or having notified the Employer, fails to report for work within three (3) days of notification of the Employer, except where extenuating circumstances existed, which meets the Employer’s approval, which prevented the employee from notifying the Employer;
h) if he accepts any employment while on a leave of absence;
i) if he overstays a vacation or an Employer-approved leave of absence without securing a written receiving an extension of such leave of absence or vacation from the appropriate Directorabsence, unless an explanation satisfactory the employee offers a reason acceptable to the Employer is given by why he could not return on the scheduled date;
j) if he attains age sixty-five (65).
8.03 It shall be the responsibility of the employee for both to notify the need for the extension Employer in writing promptly of any change in their address and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the telephone number. If an employee fails to return to work without an acceptable reason immediately after do so, the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able will not be responsible for failure of any notice to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and reach such mailings shall be deemed to have been received by the employee.
16.06 8.04 Any employee promoted or transferred to a job outside the bargaining unit shall maintain his accumulated seniority acquired on the date of his promotion or his transfer. When an employee returns to the bargaining unit, he will have the accumulated seniority he had acquired at the time of promotion or transfer.
8.05 The Employer agrees to post will provide the union with a current seniority lists for bargaining unit employees list showing each employee’s seniority date, current address, classification and rate of pay, every six (6) months. Employees who wish to question their (Implementation Note: the seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed list for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break posting in the continuous service plant will not have wage rates and shall not affect an employee's seniority rights.addresses. )
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 Seniority is defined as Section 1. After a probationary employee becomes a regular employee, he shall be credited with seniority dating retroactively from the employee's hours of work since first day that he worked. If two (2) or more employees' seniority bear the employee's most recent date of hiresame date, and their seniority standing shall accumulate based on straight-time hoursbe determined alphabetically by last name.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Section 2. Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee and employment shall be lost and employment automatically terminated for any of the following reasons:
aA) the employee Employee quits;.
bB) the employee retires;
c) the employee Employee is discharged for just cause or dismissed and not reinstated in accordance with this Agreement.
C) Employee fails to return to work within five (5) calendar days after issuing of Company notice of recall by registered mail, courier, and/or by telephone to the last known address of such employee as shown in the Company records, and a copy of such notice is not reinstated;sent to the Union. A copy of the mailing receipt will become a part of the employee's records.
dD) the employee Employee is absent from work without permission for more than three (3) consecutive working days or more without properly notifying the Company, unless an explanation satisfactory to the Employer such failure is given by the employee for both the absence and the failure to request permission;satisfactorily explained.
eE) the employee Employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;absence.
fF) the employee utilizes Employee uses a leave of absence for purposes any purpose other than those that expressly requested and granted.
G) Employee is laid off with less than one (1) year seniority, for which it was granted;a period of twelve (12) months; with more than one year seniority, for a period of twenty-four (24) months.
gH) the An employee fails to return to work without an acceptable reason immediately after the Employer has been notified by off work due to a physiciancompensable or non- compensable injury or illness, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within for a period of twenty-four (424) days of being telephoned or having notice of recall delivered by registered mail months, subject to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee person’s rights under all applicable legislation including, but not limited to, Employment Standards, Workplace Insurance and such mailings shall be deemed to have been received by the employeeSafety, Labour Relations and Human Rights Code.
16.06 The Employer agrees to post seniority lists for Section 3. An employee who is transferred outside the bargaining unit employees every and for reasons other than misconduct is unable to retain this position, shall retain his seniority within the plant, for a period of six (6) months and may reclaim his former job within those six (6) months. When an employee returns to work within the bargaining unit, he shall be credited for all time worked outside the bargaining unit. Employees who wish transfer to question their position outside the bargaining unit may not voluntarily return to the bargaining unit after six (6) months except to claim the job of the lowest seniority must do so within thirty (30) employee in the bargaining unit, providing the transferee is senior.
Section 4. Any person Employed by Thermal Ceramics as a temporary worker performing ‘bargaining unit work’ for a period of 90 days of such posting. If no challenge is made within thirty (30) daysworked shall be, on the employee's seniority 91st day, considered a regular employee and shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, credited with seniority and all perquisites shall date only dating retroactively from the time of re- employment, according to regulations applying to new employeesfirst day he worked.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Labour Agreement
SENIORITY. 16.01 Seniority is defined as shall mean an Employee’s length of continuous service with the employee's hours Company. Seniority for purposes of work since lay-off, job posting, request for vacation, but not amount of vacation, shall be the employee's most recent date of hire, hire with the Company and predecessor Employer for the Client. Seniority for all other purposes shall accumulate based on straight-time hoursbe the date of hire with the Company.
16.02 Straight-time hours Seniority lists will be prepared by the Union, presented to the Company and will be posted by the Company for a period of fourteen (14) calendar days within one (1) month after the purposes signing of this Article Agreement. After such posting, the list shall also includebecome final as to the Employee’s names and dates designated on it, except as it relates to any Employee who has disputed the accuracy of his seniority date while the list was posted, in which case it will be subject to any adjustment under the Grievance Procedure if established to be inaccurate. Seniority will be brought up-to-date every twelve (12) months and a copy will be given to the Xxxxxxx of the Local Union and a copy posted on the bulletin board. All Employees will be on probation until they have completed three (3) months with the company.
16.03 An Employee’s seniority will be lost if he:
a) paid holidaysquits the employ of the Company for any reason;
b) paid vacationis discharged and is not reinstated through the Grievance Procedure or Arbitration;
c) leave while in receipt of wage-loss benefits under the
dis laid off for a continuous period exceeding twelve (12) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstatedmonths;
d) the employee is absent from fails to return to work without permission for more than within three (3) consecutive working days or more unless an explanation satisfactory of being notified of recall. An Employee shall be deemed to be notified of recall on the second (2nd) day following the posting of a registered letter to that effect addressed to the Employer is given by Employer’s most recent address on the employee for both the absence and the failure to request permissionCompany’s files;
e) fails to return to work on the employee overstays a vacation or first scheduled day following the Expiration of an authorized leave of absence without securing a written extension of such leave of absence unless the Employee notifies the Company in writing at least twenty-four (24) Hours in advance or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than Than those for which it the leave of absence was grantedgranted unless such notice is not possible because of emergency situations;
f) is absent for five (5) consecutive working days without notifying the Company or is absent for this period without a reason satisfactory to the Company in its sole discretion;
g) retires or is retired.
16.04 In the employee fails cases of increases or decreases in the work force, senior Employees shall be entitled to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC preference over junior Employees provided that the employee senior Employee has the ability and qualifications to perform the available work. Seniority rights shall not be exercised, however, to displace an Employee in a higher-rated classification. It is able agreed that probationary Employees will be laid off first.
16.05 In regard to return any claim by an Employee that he maintains seniority during a period of personal illness, it is understood that the Company shall have the right to work;
h) if the employee is recalled require any Employee affected to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail provide a medical certificate satisfactory to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employeeCompany.
16.06 The Employer agrees It shall be the duty of Employees to post seniority lists notify the Company promptly in writing of any change in their address. If an Employee fails to do this, the Company will not be responsible for failure of any notice to reach such Employee.
16.07 When a member of the bargaining unit employees every six applies for and is hired at another Sunlite worksite within Sunlite Cleaners (6) months. Employees who wish to question Base Xxxxxx, Petawawa, or Trenton), the employee shall carry their seniority must do so from one worksite to another. There shall be no probationary period. The employee shall apply within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashionrelocation.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 Seniority is 27.01 “Employer Seniority” shall be defined as the employee's hours ’s length of work since continuous service with the Employer as measured from the employee's ’s most recent date of hirehire by the Employer in the operation covered by this agreement. “Classification Seniority” shall be defined as the employee’s length of continuous service within his/her classification. Classification seniority will be used for purposes of Article 28- Layoff and Recall and Article 32 - Hours of Work and Overtime and whenever possible scheduling. Employer seniority will be used for purposes of Article 36, Vacation and Article 29, Job Posting unless specified otherwise. In the event two or more employees are hired on the same day their seniority shall accumulate based on straight-time hoursbe decided by a mutually agreed lottery of those employees.
16.02 Straight-time hours for 27.02 The Employer shall post and provide to the purposes Union, in September and January each year a copy of this Article an up to date seniority list which shall also include:
ainclude the name and date of hire and telephone number and address of each employee along with their most recent job title, noting any who have quit and any who are on leave of absence. Within thirty (30) paid holidays;
b) paid vacation;
c) leave while in receipt calendar days of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22receiving the seniority list and providing no objections have been raised by the Union, the list shall be deemed accurate.
16.03 Seniority can only 27.03 Continuous employment shall be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of broken and an employee shall be lost and employment automatically deemed terminated for any of the following reasons:reason(s). If such continuous service is broken, the employee shall be considered a new employee for all purposes if an when rehired.
a) the employee quitsResignation, retirement, or quit;
b) the employee retiresDischarge for just cause;
c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work without permission for more than Absence of three (3) consecutive working days without notice to or more unless an explanation providing a satisfactory reason to the Employer is given by Employer;
d) Layoff without recall after a period of one (1) year from the employee for both the absence and the failure to request permissiondate of layoff;
e) Working during a leave of absence, except for work in conjunction with a leave for Union business or authorized by the employee overstays a vacation or Employer;
f) Any absence beyond an authorized leave of absence without securing a written extension of such leave of absence the Employer’s permission or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes has a leave of absence for purposes other than those for which it was grantedsatisfactory reason;
g) the employee fails Failure to return to work without an acceptable reason immediately within five (5) working days after the Employer has been notified by a physician, an insurer or WorkSafeBC that gives the employee is able written notice to return to work;
h) if work from layoff, and failure to notify the employee is recalled Employer of their intentions to return to work and fails to return within four five (45) working days of being telephoned or having after such notice of recall delivered by registered mail to the employee's home addressis given. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings notice shall be deemed to have been received sufficiently given if sent to the employee by a reliable, documented means (such as a registered letter) to the last address furnished by the employeeemployee to management.
16.06 The Employer agrees 27.04 An employee whose status is changed from full-time to post part-time or part – time to full time shall receive credit for his/her seniority lists for bargaining unit employees every six based on one (61) months. Employees who wish to question their seniority must do so within thirty year equalling two thousand and eighty (302080) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashionhours worked.
16.07 Where an employee voluntarily leaves the Employer's service27.05 In all cases of definition of employer seniority, or is dismissed for cause and is later re-engaged, seniority and all perquisites it shall date only from the include time spent with any predescessor service provider to a maximum of re- employment, according to regulations applying to new employeestwo (2) years.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 Section 17.1 Seniority shall prevail only as specifically delineated in this Agreement.
Section 17.2 Definition
a) Bargaining unit seniority is defined as the employeelength of time an Employee has been continuously employed in any full-time or regular part-time capacity in the bargaining unit.
b) An Employee's hours seniority shall commence after the completion of work since his/her probationary period and shall be retroactive to the employee's date of his/her most recent hiring.
c) No Employee may receive more than one (1) year of credit for each school year of service.
d) In the event of a tie in seniority, determination will be by date of hirehire and if necessary, and shall accumulate based on straight-time hoursby lottery.
16.02 Straight-time hours for the purposes of this Article Section 17.3 Seniority shall also includebe broken when an Employee:
a) paid holidaysQuits, resigns or takes a job elsewhere when his/her regular work is available;
b) paid vacationIs discharged for just cause;
c) leave while in receipt Is laid off for a period of wagetwenty-loss benefits under the
dfour (24) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to consecutive months or a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with period exceeding the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any length of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee Employee's continuous service, whichever is discharged for just cause and is not reinstatedless;
d) Fails to report for work following recall from layoff within ten (10) working days or following recall from a decision of an arbitrator reinstating an Employee who was discharged within three (3) working days after being notified by mail at the employee is last address in the Employer's records;
e) Fails to return following the end of a leave of absence, vacation or sick leave unless the Employee presents an excuse acceptable to the Employer;
f) Is absent from work without permission for more than three (3) consecutive working days or more without notifying the Employer, unless the Employee presents an explanation satisfactory excuse acceptable to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was grantedEmployer;
g) Is employed by another Employer during a leave of absence, except for military duty. This shall not prevent part-time Employees from continuing other employment outside the employee fails hours of their work with the Employer;
h) Fails to return to work without following a disciplinary suspension;
i) Is promoted out of the bargaining unit.
j) Normal or early retirement.
Section 17.4 Lay-off If it becomes necessary to reduce the Employer's work force for any reason, the following shall apply:
a) The Employer shall furnish the Union with all pertinent information, including copies of documents used in making determinations relevant to layoffs.
b) A part-time Employee may not bump a full-time Employee, but may only bump into a part-time job with an acceptable reason immediately after equal to or lower number of hours in an equal or lower paid job classification.
c) Reduction in force shall be by job classification and in reverse order of bargaining unit seniority.
d) Probationary Employees within the Employer has been notified by classification shall be the first ones affected.
e) After probationary Employees are laid off, bargaining unit seniority shall apply within a physicianclassification.
f) Full-time Employees scheduled to be laid-off, may use bargaining unit seniority to displace a less senior Employee in an insurer equal to or WorkSafeBC lower paid classification provided that the employee is able Employee scheduled to return be laid-off has the present ability to work;perform the work as determined, by the Employer. This determination shall be subject to the grievance procedure. This does not apply to Department 2 (Special Education).
g) Should there be vacant positions or positions filled by probationary Employees, such positions may be filled by Employees who have been laid-off from classifications that are paid the same or more and for which the Employee has the present ability to perform the work as determined by the Employer. This determination shall be subject to the grievance procedure. Bargaining unit seniority shall prevail in assigning such positions.
h) if the employee is recalled to work and fails to return within four The Employer shall give all affected Employees five (45) days of being telephoned or having working days’ notice of lay-off.
i) No new appointments to temporary vacancies shall be made while there is a laid-off, qualified Employee, in the determination of the Employer, available to fill such vacancy. This determination shall be subject to the grievance procedure.
Section 17.5 Recall Employees shall be recalled in the reverse order from which they were laid-off under the following conditions:
a) Probationary Employees laid-off have no recall delivered privileges.
b) Notice of recall will be sent by registered certified mail to the employeeEmployee's home last known address. Such mailing shall be It is the Employee's responsibility to the last address of the employee that provide the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employeewith their current address.
16.06 The Employer agrees c) Refusal to post seniority lists for bargaining unit employees every six (6) months. Employees who wish accept recall to question their seniority must do so within thirty (30) days other than a position of such posting. If no challenge is made within thirty (30) days, the employee's seniority equal or greater scheduled hours of work shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a waiver of recall rights or result in a break in or loss of seniority.
d) Laid-off Employees shall retain recall rights to their original laid-off position, for the continuous service and shall not affect an employee's seniority rights.twenty-four
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY. 16.01 11.01 Seniority is defined as an employee’s length of service in the employee's hours of work bargaining unit since the employee's most recent date of hire. If two or more employees have the same length of service, and the employee whose birthday occurs first in the year shall accumulate based on straight-time hourshave the greater seniority.
16.02 Straight-time hours for 11.02 The Parties agree to the purposes of general principle that job security and opportunity should increase commensurate with seniority.
11.03 Seniority shall be applied on a departmental basis, unless otherwise noted in this Article shall also includeAgreement. The departments are the:
a) Mine: includes all pit equipment operators, blasting crew, and hourly paid holidayspit survey crew except trades and journeymen.
b) Mill: includes all milling operators, assay labs, and tailings crew except trades or journeymen.
c) Plant: includes all maintenance areas, surface crews, and trades and journeymen not included in mine and mill departments.
11.04 A seniority list shall be maintained by the Employer, consisting of the name, date of hire, and classification of every employee in the Union, and ordered by length of service. The Employer shall copy the seniority list to the Union on a quarterly basis.
11.05 Seniority rights shall cease, and employment shall be deemed terminated, for any employee who:
a) voluntarily terminates employment;
b) paid vacationis discharged, and this discharge is not reversed through the grievance procedure;
c) leave while in receipt is laid off for a continuous period of wage-loss benefits under themore than twelve (12) consecutive months;
d) paid sick leavefails to return from an approved leave of absence within five (5) days of its expiration, unless mutually satisfactory arrangements have been made; andor
e) approved leaves under Article 22fails to return from layoff within five (5) days of recall, unless medically unfit to return, or unless mutually satisfactory arrangements have been made with the Employer.
16.03 11.06 Seniority can only be accumulated to a maximum rights for employees on leaves of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer absence and for positions outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasonsaccrue as follows:
a) If an employee is assigned a temporary position outside the bargaining unit, that employee quits;shall return to the previously held position after the assignment is completed. Temporary assignments shall not extend beyond sixty (60) working days.
b) If an employee accepts a permanent transfer out of the bargaining unit to a non bargaining unit position, yet remains in the employ of the Employer;
i) The employee shall maintain and accrue seniority for sixty (60) working days.
ii) Thereafter, the employee’s seniority shall be frozen for a further sixty (60) working days.
iii) After the second sixty (60) working day period, the transferring employee shall forfeit any seniority entitlement.
iv) The employee may elect to return to his previously held position within two (2) calendar weeks of the transfer;
v) After the two (2) calendar weeks, the employee retires;may return to a vacancy or an unoccupied position within the bargaining unit, subject to the employee’s seniority and ability pursuant to Article 12.04 of the Collective Agreement.
c) the If an employee is discharged granted an approved leave of absence, seniority shall be maintained and shall accrue for just cause and is not reinstated;up to one (1) year.
d) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the The Employer is given by the employee for both the absence and the failure entitled to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave grant leaves of absence for purposes other longer than those for which it was granted;
gone (1) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physicianyear. However, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing seniority shall be to frozen during the last address period after one (1) year, unless the Union-Management Committee specifically considers and approves an employee application for further accrual.
11.07 When a reduction of the employee that the Employer has in its files for that employee and such mailings shall workforce is inevitable, or where there will be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six a layoff of more than ten (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (3010) days, the employee's Employer shall inform the Union. The Employer shall issue layoff notices to the employees in the redundant positions with the least departmental seniority. These employees may then use their departmental seniority shall be deemed correctto bump a more junior employee provided they have the qualifications to perform the work. Such information shall be Employees who eventually get laid off out of their department may exercise their company seniority to bump into another position provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashionthey are capable of doing the job.
16.07 Where an 11.08 The above considerations shall also guide the Employer and the Union when employees on layoff are recalled.
11.09 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.10 Any employee voluntarily leaves the Employer's servicelaid off and recalled for work must return within five (5) workdays when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service make definite arrangements with the Employer as a supervisory to return.
11.11 An employee who has been reduced from his/her job or who has been laid off shall, when the job he/she was reduced or laid off from becomes available, have the right to be recalled to that job on the basis of their seniority. If the reduced employee does not constitute accept a break recall to his/her original job he/she shall lose the right to any further recall from that job.
11.12 Severance provision shall be one (1) week notice, or pay in the continuous service and shall not affect an employee's seniority rightslieu of, for each year of service, to a maximum of ten (10) weeks.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 19.01 Seniority is defined as referred to in this Agreement shall mean length of service in the employee's hours of work since bargaining unit dating back to the employee's most recent last date of hire, hire and shall accumulate based be applied on straighta bargaining unit-time hourswide basis.
16.02 Straight-time hours for 19.02 An employee shall lose his or her seniority and shall be deemed to have terminated employment in the purposes of this Article shall also includefollowing circumstances:
a) paid holidaysif he or she voluntarily quits his employment with the Employer;
b) paid vacationthat he or she is discharged and is not reinstated through the grievance or arbitration procedures;
c) leave while in receipt that he or she is off work because of wagelay-loss benefits under the
doff, accident or illness for twelve (12) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with months or the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any length of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee employee’s seniority, whichever is discharged for just cause and is not reinstatedshorter;
d) fails to notify the employee is absent from work without permission for more than Employer within three (3) consecutive working days that he or more she will report to work after being notified by the Employer to report for work or subsequently fails to report for work within five (5) working days after being notified by the Employer by registered mail to report for work following lay-off unless an explanation a reason satisfactory to the Employer is given by given.
19.03 An employee shall accumulate seniority under any of the employee following circumstances:
a) when actually at work for both the absence and the failure to request permissionEmployer;
eb) the employee overstays a when absent on vacation or with pay, on plant holidays, approved leave of absence without securing in accordance with Article 11 (up to three (3) months of absence);
c) during any period when he or she is prevented from performing his or her work for the Employer by reason of illness, accident and/or injury arising out of and in the course of his or her employment for the Employer and for which he or she is receiving compensation under the provisions of the Workers’ Compensation Board Act for a written extension period of such leave of absence up to twelve (12) months.
19.04 An employee who does not qualify to accumulate seniority under Article 19.03 shall maintain his or vacation from the appropriate Directorher existing seniority, unless and until he or she loses same pursuant to Article 19.02.
19.05 Employees shall be required to notify the Employer of any change of address or telephone number. The Employer shall be entitled to rely upon the last address and telephone number furnished to it by an explanation satisfactory employee for all purposes.
19.06 Seniority lists shall be revised and posted in the workplace every six (6) months and a copy sent to the Employer is given by Union.
19.07 In the employee for both the need event of layoffs and for the extension and the failure to request same;
f) the employee utilizes a leave purpose of absence for purposes other than recalling those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has who have been notified by a physicianlaid off, an insurer or WorkSafeBC that seniority shall govern as long as the employee is able to return perform the available work.
19.08 Employees returning from leave as spelled out in Article 11 or Article 19.03b) will be returned to work;
h) if the employee is recalled to work their former shift and fails to return former duties within four two (42) days of being telephoned returning to work or having notice within one (1) week if absent or leave was more than five (5) working days subject to position existing and the seniority provisions of recall delivered the Collective Agreement.
19.09 In the event that an employee covered by registered mail this Agreement should be promoted to a supervisory or confidential position beyond the scope of the Agreement, as defined in Article 1 – Recognition, he or she shall retain his accumulated seniority for a one
(1) year period form the date of appointment or length of seniority, whichever is shorter. Following the expiry of the preceding limits the employee's home address. Such mailing ’s name shall be to considered deleted form the last address seniority list, except for the purposes of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employeevacation pay percentages.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 15.01 Seniority is defined as the employee's hours period of work continuous service with the Company since the employee's most recent last date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the . For purposes of this Article agreement, seniority shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wagebe on a plant-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22wide basis.
16.03 Seniority can only 15.02 New employees shall serve a probationary period of sixty (60) continuous days before acquiring seniority rights under this agreement. The Company may, at its option, with the agreement of the Union and the employee, extend a probationary employee's probationary period for a further thirty (30) continuous days. During the probationary period, the termination of a new employee shall be accumulated at the sole and unqualified discretion of the Company. In the event that a new employee successfully completes their probationary period, then seniority shall date back to a maximum their last date of 1,950 hours per hire.
15.03 The Company shall furnish to the Union and post on the bulletin board, lists showing the plant seniority date of all employees in the bargaining unit in January and July of each year.
16.04 15.04 An employee who accepts a temporary assignment with shall lose their seniority standing and their name shall be removed from all seniority lists and the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall cease to be lost and employment automatically terminated employed by the Company for any one (1) of the following reasons:
(a) the employee quits;
b) the employee if they voluntarily quit or retires;
c(b) the employee is if they are discharged for just cause and is not reinstatedreinstated through the grievance procedure;
(c) if they fail to return to work upon the termination of an authorized leave of absence unless, prior to the end of the leave of absence, the employee notifies the Company of why he cannot return on time and the reason for the extension is acceptable to the Company;
(d) if they accept gainful employment while on an authorized leave of absence without first obtaining the employee is consent of the Company in writing;
(e) if an employee, on lay-off, upon being notified of their recall to work in accordance with Article 22.02 fails to return to work within seven (7) calendar days from the date the Company requested them to return to work;
(f) if they are absent from work without permission for more than three (3) consecutive scheduled working days or more unless an explanation satisfactory to without notifying the Employer is given by the employee for both the absence and the failure to request permissionCompany;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
(g) the employee fails to return to if they have been laid off for lack of work without an acceptable reason immediately after the Employer has been notified by for a physician, an insurer continuous period of three hundred and sixty-five (365) calendar days or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail a period equal to the employee's home address. Such mailing shall be seniority prior to the last address of lay-off, whichever is the lesser;
15.05 An employee shall maintain and accumulate seniority under the following conditions only:
(a) while the employee that is actively at work for the Employer has in its files for that employee and such mailings shall be deemed to Company after they have been received by completed their probationary period;
(b) during the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within first thirty (30) calendar days of any written leave of absence;
(c) during the first three (3) years of absence due to an injury arising at work and covered by the Workers Compensation Act and in the case of a non-work-related injury or illness during the first three hundred and sixty-five (365) days of such posting. If no challenge absence;
(d) where the employee is made within thirty on lay-off during the first three hundred and sixty-five (30365) days, calendar days of the lay-off or a period equal to the employee's seniority shall be deemed correct. Such information shall be provided in electronic formatprior to such lay-off, such as Microsoft Excel, and will be provided securely in an agreed upon fashionwhichever is the lesser.
16.07 Where an 15.06 In all cases of promotion, other than a promotion to a position outside of the bargaining unit, lay-off or recall from a lay-off, the Company will consider:
(a) skill, knowledge, efficiency and ability of the employee voluntarily leaves to perform the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from work as well as the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.attendance, lateness record and their general reliability; and,
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 15.01 Seniority is defined as shall be established after a probationary period of ninety (90) calendar days (exclusive of any periods of layoff or absence) and shall count from the employee's hours date of work since employment in the employee's most recent bargaining unit. In the event of a layoff, probationary employees will retain any time accumulated prior to layoff towards their probationary period. Seniority for new employees with the same start date will be determined by date of hire, date of application and shall accumulate based on straight-time hoursthe last three digits of their SIN in ascending order.
16.02 Straight-time hours for 15.02 Seniority referred to in this Agreement shall mean length of continuous service in the purposes of this Article bargaining unit (subject to 15.6) on a plant wide basis. Seniority lists are to be revised and posted every month and a copy will be given to the Local Chairperson.
15.03 Seniority and employment shall also includeterminate when the employee:
a) paid holidays;quits for any reason.
b) paid vacation;is discharged and is not reinstated through the grievance procedure or arbitration.
c) leave while in receipt has been on layoff for a continuous period of wagethirty-loss benefits under thesix (36) months.
d) paid sick leave; andhas been on layoff for a continuous period of less than twenty-four (24) months and who, when notified by registered mail addressed to the last address he/she had recorded with the Company, fails to notify the Company within seven (7) days that he/she is intending to return to work and unless he/she returns to work as soon as possible after receiving notice and in any event within fourteen (14) days of the mailing.
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified expiration of a leave of absence or unless prevented from doing so by any cause which is reasonable in the opinion of the Company and the Union.
f) is absent from work for more than two(2) consecutive days without notifying his/her shift leader unless absent due to verifiable illness or unless, in the opinion of the Company, there was reasonable justification for such absence.
15.04 An employee will retain but not accumulate seniority during a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within written leave of absence exceeding four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employeeweeks.
16.06 The Employer agrees to post 15.05 If an employee covered by this Agreement accepts a salaried position, he/she will retain all previously acquired seniority lists for but will not accumulate seniority while outside the bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within for a period of thirty (30) days of such postingcalendar days. If no challenge is made within thirty (30) days, After that time they will lose all previously acquired seniority. This term may be extended by mutual agreement between the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, Company and will be provided securely in an agreed upon fashionthe Plant committee.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 4.1 Seniority is defined as an employee’s length of service with the employee's hours of work since the employee's most recent Cooperative from his last date of hire, and shall accumulate based on straight-time hours.
16.02 Straight4.2 All employees must serve a probationary period of six (6) continuous months of service during which time they shall have no rights under this Agreement other than to their applicable wage rates. Any part-time hours for time, casual, or temporary employee of the purposes Cooperative shall have no rights under this Agreement.
4.3 When making a reduction in the number of this Article employees and when rehiring, the following procedure shall also includegovern:
a) paid holidays;Employees who have not established seniority with the Cooperative shall be laid off first.
b) paid vacation;Thereafter, employees shall be laid off in inverse order of their established seniority.
c) leave while An employee may exercise seniority in receipt any department covered by this Agreement to take a job in any equal or lower pay classification, provided they have the skill and ability to perform the duties of wage-loss benefits under thethe employee displaced.
d) paid An employee who receives notice of layoff and desires to exercise seniority, shall notify the Cooperative within five (5) days after such notice. The Cooperative shall not be required to consider employees who failed to give notice as prescribed herein; but, consideration shall be given to employees who at the time, are absent on account of sick leave; and, vacation, or other valid reason.
e) approved leaves under Article 22When adding employee, those having established seniority most recently laid off on account of curtailment of work shall be the first among those holding seniority to be re-employed if available and physically able to return to work, provided they have the qualifications required.
16.03 4.4 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated deemed to have been broken for any of the following reasons:
a) If the employee quits;resigns.
b) the employee retires;
c) If the employee is discharged for just cause and is not reinstated;.
dc) the If an employee is absent from work without permission authorized leave except when satisfactory reasons for more than three (3their absence are given.
d) consecutive working days or more unless If an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee who has been laid off fails to return to work within three (3) days after being properly notified to report for work and does not give a satisfactory reason for failing to report.
e) If an employee is laid off for twenty-four (24) consecutive months.
4.5 In filling vacancies or newly created positions, promotions shall be based upon skill, ability, qualifications, and seniority, and shall comply with the Americans with Disabilities Act. Skill, ability and qualifications being sufficient, seniority shall prevail.
a) When it is necessary to add employees and employees who have been laid off are called back when they have not lost their seniority, they shall have the right to exercise their seniority over those of lesser seniority in the vacancy to be filled or the new position.
b) When vacancies occur or when new positions are created within the Departments of Appendix A of this Agreement, the Cooperative will post a notice on the bulletin boards for a period of five (5) days (Sundays and Holidays excluded) announcing the position opening. Employees desiring to be considered shall make written application to Human Resources. When necessary, temporary assignments will be made for the period the position is considered open.
c) An employee promoted to a new position shall be given a reasonable opportunity, not to exceed six (6) months, to demonstrate their qualifications and ability. If they do not qualify, they and the Union shall be notified of the nature of the disqualification and they shall be returned to the position they formerly held. An employee so promoted may also request to be returned to their former job, provided such request is made within the first 60 days.
4.6 An employee who has established seniority, if they can be separated from duty, may be granted a leave of absence upon approval from the Cooperative and while on such leave, they shall not forfeit any such seniority they may heretofore have established provided they do not overstay their leave or accept employment elsewhere while on such leave without the approval of the Cooperative.
a) Notwithstanding any of the other terms hereof, an acceptable reason immediately after the Employer employee who has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings laid off shall be deemed to have been received lost all accumulated seniority and all rights to be re- employed unless they register with the Cooperative either in person or by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so registered mail, at least once each year and within thirty (30) days prior to the following January 1 of such posting. If no challenge the year under consideration.
b) Any written notice to be given under this Agreement shall be deemed properly given when deposited in the United States Post Office under registered mail addressed to the last known address.
4.7 An employee who is made injured while in the employ of the Cooperative shall continue to accumulate seniority and upon recovery shall be reinstated to their former position with full seniority providing they make application to return to work within thirty (30) daysdays after they are pronounced recovered by the Cooperative’s physician, if they are physically qualified to resume the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashionwork.
16.07 Where 4.8 The Cooperative and the Union may by mutual agreement suspend or alter the provisions of this Article in case of mutual desire to provide employment for an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break who has been partially disabled while in the continuous service and shall not affect an employee's seniority rightsemploy of the Cooperative on or off duty or while on authorized leave serving in the United States Military Service.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY. 16.01 Seniority is defined as 14:01 An employee will be considered on probation and will not acquire seniority until he/she has worked a total of sixty (60) working days for the employee's hours of work since Employer, when his/her seniority shall commence from the employee's most recent date of hirelast hiring.
14:02 The Employer agrees to observe the seniority of employees in connection with promotions, demotions, transfers, layoffs, and recalls, insofar as it is practicable to do so, providing their other qualifications are relatively equal. Promotions to supervisory positions shall accumulate based on straight-time hoursnot be subject to the provisions of this Agreement.
16.02 Straight-time hours for 14:03 A seniority list will be prepared and forwarded to the purposes Union office on or about the 30th day of September during the term of this Article Agreement.
14:04 In the event of a tie in seniority between two or more employees, the Employer will interpret seniority standing for layoff purposes by ranking such employees by date of commencing work as a Temporary Journeyperson Xxxxxxxxx immediately prior to the date of last hiring.
14:05 An employee shall also includelose all seniority if he/she:
a) paid holidaysvoluntarily quits the employ of the University;
b) paid vacationis justifiably discharged;
c) leave while in receipt of wagehas been laid off for more than twenty-loss benefits under thefour (24) consecutive months; and
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated following a layoff, fails to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with advise the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
awithin five (5) the employee quits;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension receipt of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails notice to return to work of his/her intention to return, or fails to report for work on the date and at the time specified in the said notice, without an a reason acceptable reason immediately after to the Employer. Temporary Layoff Notice
14:06 The Employer has been notified by a physician, an insurer or WorkSafeBC that shall notify employees who are to be laid off five (5) working days before the layoff is to be effective. If the employee is able to return to work;
h) if be laid off has not had the employee is recalled opportunity to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.five
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 Seniority is defined as the employee's hours of work since the employee's most recent date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;Seniority, as referred to in this Agreement, shall mean the length of continuous service of an employee within the Bargaining Unit.
b) paid vacation;Seniority shall include the following:
c(i) leave while in receipt of wageContinuous service with the Ottawa-loss benefits under the
d) paid sick leave; Carleton Housing Authority and the Ottawa Housing Corporation, and
e(ii) approved leaves under Article 22Continuous service with the City of Ottawa, the City of Ottawa Non- Profit Housing Corporation (City Living) and the Ottawa Community Housing Corporation.
16.03 12.02 Seniority can only be accumulated to a maximum shall commence from the first day of 1,950 hours per yearcontinuous employment provided that the employee has completed the probationary period.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit 12.03 Seniority shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of under the following reasonscircumstances:
(a) the employee quits;
b) the employee retires;
c) When the employee is on the active payroll of the Employer;
(b) When the employee is off the payroll due to an authorized lay off of twelve (12) months or less;
(c) When the employee is off the payroll due to an accident and when the employee is receiving compensation under the Workplace Safety and Insurance Act and the predecessor Worker's Compensation Act, and when the employee has not accepted employment with another employer;
(d) When the employee is off the payroll on any leave of absence authorized by the Employer and/or under the provisions of this Agreement, except in those situations covered by a leave of absence without pay in excess of twenty (20) days.
12.04 An employee shall lose seniority when they:
(a) Voluntarily resigns or leaves the employment of the Employer or are absent from work without authorization for a period in excess of five (5) working days, unless the employee has a reason acceptable to the Employer, in which case it shall be deemed to be a voluntary termination;
(b) Are discharged for just cause and is not reinstated;
(c) Are off the payroll for a continuous period of more than twelve (12) months as a result of a lay off;
(d) the employee is absent from Fails to report to work without permission for more than within three (3) consecutive working days or more after having been notified of a recall to work following a lay off unless an explanation satisfactory the employee has a reason acceptable to the Employer is given by the employee for both the absence and the failure to request permissionEmployer;
(e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails Fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that upon termination of authorized leave of absence unless the employee is able has a reason acceptable to return the Employer, such failure shall be considered as a voluntary termination.
12.05 No employee shall be transferred outside the scope of this Agreement without their consent. In the event an employee, covered by this Agreement, accepts to work;
h) if be transferred to a position outside the scope of this Agreement and at a later period, returns to a position within the scope of this Agreement, the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to shall retain the employee's home address. Such mailing shall be to the last address of seniority which the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from held at the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and transfer but shall not affect an employee's accumulate any additional seniority rightsfor the period during which the employee held a position outside the scope of this Collective Agreement.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 20.01 Seniority is defined as referred to in this Agreement shall mean length of service in the employee's hours of work since bargaining unit dating back to the employee's most recent original date of hire, hire and shall accumulate based be applied on straighta bargaining unit-time hourswide basis.
16.02 Straight-time hours for 20.02 An employee shall lose his or her seniority in the purposes of this Article shall also includefollowing circumstances:
a) paid holidaysif he or she voluntarily quits his employment with the Employer;
b) paid vacationthat he or she is discharged and is not reinstated through the grievance or arbitration procedures;
c) leave while in receipt that he or she is off work because of wagelay-loss benefits under the
doff, accident or illness for twelve (12) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with months or the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any length of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee employee’s seniority, whichever is discharged for just cause and is not reinstatedshorter;
d) fails to notify the employee is absent from work without permission for more than three Employer within two (32) consecutive working days that he or more she will report to work after being notified by the Employer to report for work or subsequently fails to report for work within five (5) working days after being notified by the Employer by registered mail to report for work following lay-off unless an explanation a reason satisfactory to the Employer is given by given.
20.03 An employee shall accumulate seniority under any of the employee following conditions:
a) when actually at work for both the absence and the failure to request permissionEmployer;
eb) the employee overstays a when absent on vacation or with pay, on plant holidays, approved leave of absence without securing in accordance with Article 11 (up to three (3) months of absence);
c) during any period when he or she is prevented from performing his or her work for the Employer by reason of illness, accident and/or injury arising out of and in the course of his or her employment for the Employer and for which he or she is receiving compensation under the provisions of the Workers’ Compensation Board Act for a written extension period of such leave of absence up to twelve (12) months.
20.04 An employee who does not qualify to accumulate seniority under Article 19.03 shall maintain his or vacation from the appropriate Directorher existing seniority, unless and until he or she loses same pursuant to Article 19.02.
20.05 Employees shall be required to notify the Employer of any change of address or telephone number. The Employer shall be entitled to rely upon the last address and telephone number furnished to it by an explanation satisfactory employee for all purposes.
20.06 Seniority lists shall be revised and posted in the workplace every six (6) months and a copy sent to the Employer is given by Union.
20.07 In the employee for both the need event of layoffs and for the extension and the failure to request same;
f) the employee utilizes a leave purpose of absence for purposes other than recalling those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has who have been notified by a physicianlaid off, an insurer or WorkSafeBC that seniority shall govern as long as the employee is able to return perform the available work with a reasonable period of instruction.
20.08 Employees returning from leave as spelled out in Article 11 or Article 19.03b) will be returned to work;
h) if the employee is recalled to work their former shift and fails to return former duties within four two (42) days of being telephoned returning to work or having notice within one (1) week if absent or leave was more than five (5) working days.
20.09 In the event that an employee covered by this Agreement should be promoted to a supervisory or confidential position beyond the scope of recall delivered by registered mail to the Agreement, as defined in Article 1 – Recognition, he or she shall retain his accumulated seniority for a one
(1) year period from the date of appointment or length of seniority, whichever is shorter. Following the expiry of the preceding limits the employee's home address. Such mailing ’s name shall be to considered deleted form the last address seniority list, except for the purposes of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employeevacation pay percentages.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days 20.10 For the purpose of such posting. If no challenge is made within thirty (30) daysjob postings and layoffs, the employee's seniority parties agree that in this Agreement the company shall be deemed correct. Such information shall be provided in electronic format, such have the right to treat each of its separate clients as Microsoft Excel, and will be provided securely in an agreed upon fashionindividual bargaining unit.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 11.01 Seniority is defined as the employee's hours of work since the employee's most recent date of hire, and shall accumulate based will be on straight-time hoursa plant wide basis.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 11.02 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The will lose his seniority of an employee shall and his services will be lost and employment automatically considered as terminated for any of the following reasons:
(a) If the employee quits;.
(b) the employee retires;
c) If the employee is discharged for just cause and is not reinstated;cause.
d(c) If the employee is absent from work without permission for more than three (3) consecutive working days or more unless an without having provided a reasonable explanation satisfactory to the Employer is given by Company.
(d) If the employee for both fails to report on the absence and the failure to request permission;
e) the employee overstays a vacation or next day after expiration of his leave of absence without securing a written extension unless failure to report is due to accident, illness or other emergency beyond the reasonable control of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by employee.
(e) If the employee for both fails to advise the need for the extension and the failure company within three (3) calendar days of his intention to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee return to work, or if he fails to return to work without within five (5) working days following receipt of his notification of his recall by registered mail to his last known address.
(f) When an acceptable reason immediately after employee accepts a position outside the Employer has been notified by a physicianbargaining unit, an insurer or WorkSafeBC that the such employee is able to return to work;
h) if the employee is recalled to work will retain and fails to return within accumulate seniority for four (4) days weeks from the date of being telephoned transfer. In this time the employee may decide to remain in their new position or having notice return to their former classification in the bargaining unit. Employees will be required to pay outstanding union dues upon return to union membership. Bargaining unit employees will not be transferred to non- bargaining unit positions to fill in for temporary absences or temporary vacancies.
(g) If the employee is on continuous layoff in excess of recall delivered by registered mail two (2) years from the date of layoff.
(h) If absent more than five (5) years due to Long Term Disability, from the date of first absence. Insured benefits for employees on LTD will continue to the employee's home address. Such mailing shall be to the last address earliest of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employeeseniority or age 65.
16.06 11.03 The Employer agrees to post seniority lists for bargaining unit employees every Company will furnish the Union with six (6) monthscopies of the revised seniority list each month, and will post one (1) copy on the bulletin board each month.
(a) New employees will normally be hired for a shift other than days, after an orientation period of up to two (2) weeks on days. Employees who wish to question their seniority must do so within thirty (30) transfer to days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be transferred by seniority provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves they are capable of doing the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only work available. Employees will be transferred from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break days in the continuous service and shall not affect an employee's seniority rightsreverse order of seniority.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 9.01 Seniority is for all employees shall be defined as the employee's hours length of work since continuous service with the employee's most recent date of hire, and shall accumulate based on straightCo-time hoursoperative within the bargaining unit.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 9.02 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniorityduring all paid and unpaid authorized leaves of absence except Union Leave as per Article 18.
16.05 The seniority of 9.03 Seniority shall be broken and all rights forfeited when:
(a) an employee shall be lost and employment automatically terminated for any of is dismissed by the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee is discharged Co-operative for just cause and is not reinstatedreinstated through the grievance and/or arbitration procedure contained in this Agreement;
(b) an employee voluntarily leaves the service of the Co-operative;
(c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff;
(d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address;
(e) an employee is absent from work without permission an approved leave of absence for more than three (3) consecutive working days or more shifts unless an explanation a satisfactory to the Employer reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason.
9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for both demotions and reduction to part-time, where reverse order of seniority shall apply.
9.05 Any employee promoted to a position outside the absence and the failure to request permission;
escope of this Agreement shall be on a trial period for three (3) calendar months. If the employee overstays a vacation is not successful in their new position, or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by if the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails decides to return to their former job within the bargaining unit, said employee will be returned to the bargaining unit within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits.
9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work without within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time.
9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list.
9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an acceptable reason immediately after employee's status from full-time to a part-time basis.
9.09 Seniority for full-time employees shall apply among full-time employees and it is agreed that all full-time employees shall have seniority over part- time employees. Part-time employees will have seniority only within the Employer part-time seniority list.
9.10 Scheduling of weekly available hours of work within their department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has been notified by a physician, an insurer or WorkSafeBC that the ability to do the normal requirements of the job and providing the employee is able available and willing to return to work the additional hours. If an employee requests time off from their scheduled hours of work;
h) , and if the employee request is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received granted by the Co-operative, it is agreed that these hours need not be rescheduled to that employee.
16.06 The Employer agrees to post seniority lists 9.11 When a part-time employee works the basic work week for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.thirteen
Appears in 1 contract
Samples: Union Collective Agreement
SENIORITY. 16.01 Seniority is defined 12.01 The term "seniority" as used herein, shall mean accumulated service calculated from the employee's hours original hiring date.
12.02 For the purpose of work since seniority, the employee's most recent date length of hireservice shall be calculated in terms of years, months, weeks, and shall accumulate based on straight-time hoursdays.
16.02 Straight-12.03 Effective June 1, 1986, the present seniority order for employees with the same start date remains fixed. Thereafter, where two or more employees commence employment on the same day their seniority order will be determined by the date and time hours the employee applied for employment as shown on his application form. The Shop Chairman will be advised beforehand of any cases where two or more employees are scheduled to start on the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22same date.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 12.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The will lose his seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee If he voluntarily quits;.
b) the employee retires;If he is permanently discharged.
c) If the employee is discharged absent, without Company- approved leave of absence, for just cause and is not reinstated;
d) the employee is absent from work without permission for more than three (3) consecutive working days.
d) If an employee has been laid off due to lack of work and does not return to work within two (2) working days or more unless an explanation satisfactory to the Employer is given by after being contacted personally. When the employee cannot be contacted personally, the Company will notify the employee by registered mail to his last known address and he will be allowed no more than two (2) working days from receipt of such notification to report for both the absence and the failure to request permission;duty.
e) the If an employee overstays a vacation or an approved leave of absence without securing a written receiving an extension from the Company of such leave of absence or vacation absence. A reasonable extension will be granted, provided the Company receives from the appropriate Directoremployee, unless an explanation satisfactory to the Employer is given by justifying such an extension, as soon as reasonably possible after the employee for both the need for becomes aware that the extension and may be necessary. Substantiation of the failure to request same;facts may be required.
f) the If an employee utilizes is laid off due to lack of work and not recalled for a leave of absence for purposes other than those for which it was granted;period extending beyond eighteen (18) consecutive months.
g) If an employee is absent for a period exceeding twenty-four (24) consecutive months on account of illness or injury, unless by the end of such twenty-four month period the employee fails can establish, with medical certification, that there is a reasonable expectation of return to work in the foreseeable future and then the employee actually returns to work in accordance with such medical certification. Employees absent due to compensable illness or injury shall have such rights to return to work without an acceptable reason immediately after as are provided by the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;Workers' Compensation Act.
h) if If an employee retires.
12.05 It shall be the responsibility of the employee to notify the Company in writing promptly of any change of address and telephone number. If an employee fails to
12.06 If an employee is recalled transferred to work and fails a position outside of the bargaining unit, he may, at the discretion of the Company, be transferred back to return the bargaining unit with full Company seniority at any time within twelve (12) months.
12.07 Seniority Lists will be revised every four (4) days months. A copy of being telephoned or having notice the list will be posted in the plant. Upon request, a copy will be given to each of recall delivered by registered mail to the employee's home addressShop Chairperson, Local President and Financial/Secretary. Such mailing lists shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post state clock number, name, original hiring date (total seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service plant) and shall not affect an employee's seniority rightsjob classification.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 (a) Seniority is defined as shall be maintained and accumulated during an absence due to layoff up to the amount of the employee's hours ’s seniority at the time of work since the employee's most recent date of hirelayoff, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated up to a maximum of 1,950 hours per yeartwenty-four (24) months.
16.04 (b) An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue accumulate seniority for an authorized leave of absence for up to twelve (12) months. Thereafter, seniority shall cease to accumulate senioritybut shall be maintained. An employee on authorized Union leave shall accumulate and maintain seniority for the duration of the leave.
16.05 The (c) An employee shall lose her seniority of an standing and her name shall be removed from all seniority lists and the employee shall be lost and employment automatically deemed to be terminated for just cause for any one of the following reasons:
a(i) if the employee voluntarily quits;
b(ii) if the employee retires;
c(iii) if the employee is discharged for just cause and is not reinstatedreinstated in accordance with the provisions of this Agreement;
d(iv) if the employee is laid off and fails to return to work within five (5) calendar days after she has been notified to do so by the University, by a courier service in which a signature is required, to her last known address (a copy of such notice shall be sent to the Union);
(v) if the employee is laid off for a period in excess of her seniority at the time of layoff, up to a maximum of twenty- four (24) months. This provision does not apply to temporary layoffs;
(vi) if the employee is absent from work without permission for more than three (3) consecutive working days or more without notifying the University within that period, unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permissionnotify is due to circumstances beyond the employee’s control;
e(vii) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) if the employee utilizes a leave of absence for purposes any purpose other than those that for which it was granted;.
g(d) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within For full-time employees working more than twenty-four (424) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) dayshours per week, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves mean the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time total length of re- employment, according to regulations applying to new employees.
16.08 It is understood continuous service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.bargaining unit, subject to
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 14.01 Seniority is defined as in this Collective Agreement shall mean the employee's hours length of work since continuous service in a position covered by the employee's most recent date bargaining unit while in the employ of hire, and shall accumulate based on straight-time hoursthe Employer.
16.02 Straight-time hours (a) Probationary period for any new Employee shall be a period of ninety (90) days worked within any twelve (12) months. Following successful completion of the probationary period the Employee will become a seniority Employee for the purposes of this Article Agreement. The seniority date of an Employee who successfully completes the probationary period will date from his first day of hire, for the sole purpose of placement on the seniority list all benefits and other terms of the Collective Agreement to apply upon completion of the probationary period.
(b) During the probationary period an Employee may be disciplined, laid off or discharged by the Employer notwithstanding the provisions of this Collective Agreement.
14.03 Where two (2) or more Employees have the same seniority xxxx it is agreed that the respective seniority of the two (2) Employees will be governed by the alphabetical order of the respective family name and given name.
14.04 An Employee shall also includelose all seniority and their employment shall be deemed to be terminated in the following circumstances:
(a) paid holidaysshould they voluntarily quit their employment;
(b) paid vacationshould they retire in accordance with the Employer’s standard retirement policy or otherwise;
(c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only should they be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstatedcause;
(d) the employee is absent from should they fail to return to work without permission for more than three within five (35) consecutive working days or more unless an explanation satisfactory after having been notified to do so by registered mail to their last known address in the Employer is given by records of the employee for both the absence and the failure to request permissionEmployer, upon recall from layoff;
(e) the employee overstays a vacation or should they accept gainful employment while on leave of absence without securing a written extension of such leave of absence or vacation first obtaining consent from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request samein writing;
(f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails should they fail to return to work without following completion of an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to workauthorized leave of absence;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY. 16.01 Seniority is defined as the employee's hours of work since the employee's most recent date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
(a) paid holidays;
b) paid vacation;
c) leave while Seniority, as referred to in receipt this Agreement, shall mean the length of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority continuous service of an employee within the bargaining unit.
(b) Seniority shall be lost include the following:
(i) Continuous service with the Ottawa-Carleton Housing Authority and the Ottawa Housing Corporation, and
(ii) Continuous service with the City of Ottawa, the City of Ottawa Non- Profit Housing Corporation (City Living) and the Ottawa Community Housing Corporation.
12.02 Seniority shall commence from the first day of continuous employment automatically terminated for any of provided that the employee has completed the probationary period.
12.03 Seniority shall accumulate under the following reasonscircumstances:
(a) the employee quits;
b) the employee retires;
c) When the employee is discharged for just cause and is not reinstatedon the active payroll of the Employer;
(b) When the employee is off the payroll due to an authorized lay off of twelve months or less;
(c) When the employee is off the payroll due to an accident and when the employee is receiving compensation under the Workplace Safety and Insurance Act and the predecessor Worker's Compensation Act, and when the employee has not accepted employment with another employer;
(d) When the employee is off the payroll on any leave of absence authorized by the Employer and/or under the provisions of this Agreement, except in those situations covered by a leave of absence without pay in excess of twenty (20) days.
12.04 An employee shall lose seniority when he/she:
(a) Voluntarily resigns or leaves the employment of the Employer or is absent from work without permission authorization for a period in excess of five working days, unless the employee has a reason acceptable to the employer, in which case it shall be deemed to be a voluntary termination;
(b) Is discharged and not reinstated;
(c) Is off the payroll for a continuous period of more than twelve (12) months as a result of a lay off;
(d) Fails to report to work within three (3) consecutive working days or more after having been notified of a recall to work following a lay off unless an explanation satisfactory the employee has a reason acceptable to the Employer is given by the employee for both the absence and the failure to request permissionEmployer;
(e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails Fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that upon termination of authorized leave of absence unless the employee is able has a reason acceptable to return the Employer, such failure shall be considered as a voluntary termination.
12.05 No employee shall be transferred outside the scope of this Agreement without their consent. In the event an employee, covered by this Agreement, accepts to work;
h) if be transferred to a position outside the scope of this Agreement and at a later period, returns to a position within the scope of this Agreement, the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to shall retain the employee's home address. Such mailing shall be to the last address of seniority which the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from held at the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and transfer but shall not affect an employee's accumulate any additional seniority rightsfor the period during which the employee held a position outside the scope of this Collective Agreement.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 Seniority is defined as the employee's ’s hours of work since the employee's ’s most recent date of hire. Effective January 1, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority 2007, seniority can only be accumulated to a maximum of 1,950 1950 hours per year.
16.04 16.02 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 16.03 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
(a) the employee quits;
(b) the employee retires;
(c) the employee is discharged for just cause and is not reinstated;
(d) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer Company is given by the employee for both the absence and the failure to request permission;
(e) if the employee overstays over stays on a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer Company is given by the employee for both the need for the extension and the failure to request same;
(f) if the employee utilizes a leave of absence for purposes other than those for which it was granted;
(g) if the employee fails to return to work without an acceptable reason immediately after the Employer Company has been notified by a physician, an insurer or WorkSafeBC the Workers’ Compensation Board that the employee is able to return to work;
(h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's ’s home address. Such mailing shall be to the last address of the employee that the Employer Company has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 16.04 The Employer Company agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty fifteen (3015) days of such posting. If no challenge is made within thirty (30) days, the employee's ’s seniority shall be deemed correct. A copy of the list will be sent to the local union office. Such information shall be provided in an electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashionfashion to xxxxxxxxxxxxx@xxx.xxx.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 Section 4.1 Seniority is as defined as herein shall prevail and shall apply to all bargaining unit employees who perform work within the employee's hours scope of the work since classifications covered herein.
Section 4.2 Seniority shall include the employee's most recent date sum total of hireall continuous employment time, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for considered as continuous employment with the purposes of this Article shall also includeemployer as follows:
aA) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or Approved leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every not exceeding six (6) months. Employees ;
B) Absence from work by Union representatives who wish are elected appointed to question their seniority must do so within thirty (30a Union position;
C) days Absence by reason of such posting. If no challenge is made within thirty (30disability arising from job-related injury;
D) days, the employee's seniority shall be deemed correct. Such information shall be provided Active duty in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in the United States under conditions of re- employment rights as prescribed by law;
E) All nonproductive time for which wage payments are made.
Section 4.3 The seniority of employees who have been laid off due to lack of work or technological change shall be treated as follows:
A) Upon re-employment by the employer, employees who had attained twelve (12) or more months of credited service and who are engaged within twenty-four (24) months from the date of their layoff shall have their former seniority credited to seniority beginning at the date of rehire.
Section 4.4 Employees classified as part-time shall not accumulate seniority. Seniority is only counted for full-time employment with the County.
Section 4.5 Seniority and the employment relationship shall be considered broken by:
a) Discharge for just cause;
b) Resignation from the employer by the employee;
c) Failure to return from leave of absence or extension thereof;
d) A layoff due to lack of work for a period of more than twenty-four (24) months;
e) Failure to return to work or to make satisfactory arrangements to do so after a layoff within ten (10) days after receipt of proper notification. It shall be the responsibility of “laid off” employees to keep the employer notified of their current address;
f) Failure to report for scheduled work or to notify their immediate supervisor of the reason thereof within a forty-eight (48) hour period;
g) An employee being unable to return to work within a twenty-four (24) month period for sickness or injury other than an on the job injury.
Section 4.6 An employee’s position on any wage progression schedule shall have no bearing on the employee’s seniority date.
Section 4.7 If the seniority date of two (2) employees is equal, the seniority shall be determined by the alphabetical order of the employee’s surnames and given names at the time of war or compulsory military service, or employment.
Section 4.8 An employee’s administrative service with date shall have no bearing on the Employer as a supervisory employee does not constitute a break in the continuous service employee’s seniority date.
Section 4.9 Seniority can be exercised on:
a) Selection of vacations;
b) Job bidding;
c) Layoffs and shall not affect an employee's seniority rightsrehire after layoffs;
d) Shift selection.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY. 16.01
11.01 An employee shall be regarded as a probationary employee until he has worked a total of ninety (90) days in any twelve- (12) month period. After the completion of the probationary period, the employee shall be assigned a seniority date as of his first day worked, provided that seniority has not been broken as under Article 11.04.
11.02 Seniority is shall be defined as the employee's hours status of work since the employee's most recent date employee based upon his established length of hireservice with the Company from the first day of work, providing seniority has not been broken as per article 11.04, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniorityduring layoff in conjunction with service.
16.05 The 11.03 In the event more than one employee is hired on the same date, the Company will randomly assign, in the presence of the plant Chairperson or designate, each employee with a seniority of an code number, this number will be used in determining each employee’s seniority standing.
11.04 A seniority employee shall lose seniority and will be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee If he/she is discharged for just cause and cause, retires or voluntarily quits.
b) If he/she is not reinstated;laid off from the Company for a period of time in excess of 36 months or his/her total recognized seniority, whichever is greater,
dc) the If an employee is absent overstays an approved leave of absence or remains away from work without permission of management for period of more than three (3) consecutive working days, he/she will be assumed to have forfeited his/her seniority rights under this Agreement.
d) If he/she fails to report to work within five (5) working days of receiving notification of recall from layoff by verifiable mail or more unless an explanation satisfactory courier to his/her last known address, or five (5) days in accordance with the Employer is given by the employee for both the absence and the failure to request permission;provisions of Article 12.02 of this Agreement.
e) the employee overstays a vacation or If he/she accepts another employment while on leave of absence without securing a written extension except with the express permission of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;Company.
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the If an employee fails to return to provide proof of attendance and completion as per article 5.06b)
11.05 During Summer shut-down and Christmas holidays, work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashionoffered by seniority, skills and ability to perform the work available.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 Seniority is shall be defined as length of continuous service with the Employer.
16.02 A non-contract employee will be considered probationary for the first ninety (90) days actually worked and will have no seniority rights during that period. After ninety (90) days service, the employee's hours seniority shall date back to a date ninety (90) days prior to the date on which the probationary period was completed. New employees, who have not worked for Greenpeace previously, hired into the position of work since campaigner, shall have a probationary period not exceeding one hundred and eighty (180) calendar days. Upon completion of the probationary period, the employee's most recent seniority shall date back to the first day of hirethe probationary period. All other entitlements due as a result of time worked with the Employer, and including benefits, etc. shall accumulate based on straight-be implemented upon completion of three months or such other time hours.
16.02 Straight-time hours for period stipulated in the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22Collective Agreement.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasonsshall terminate when an employee:
(a) the employee quitsquits for anyreason;
(b) the employee retires;
c) the employee is discharged for just cause and is not reinstatedreinstated through the Grievance Procedure or Arbitration;
d(c) the employee is has been absent from work without permission due to layoff for more than twelve (12) months:
(d) fails to report for work within five (5) working days after being notified by registered mail of recall by the Employer following a layoff, or fails to inform the Employer within three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee of notice of recall that they will report for both the absence and the failure to request permissionwork;
(e) fails to return to work on the employee overstays a vacation or employee's first scheduled day. following an authorized leave of absence without securing unless there is a written extension of such leave of absence reasonable explanation for not doing so, or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it the leave of absence was granted;
g(f) has been absent from work for more than three (3) consecutive scheduled working days without providing a reasonable explanation for the employee fails absence.
16.04 A seniority list will be maintained on a current basis and emailed to return to work without an acceptable reason immediately after the union xxxxxxx when revisions aremade.
16.05 In the event of a proposed lay-off of over two weeks, the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.give at least thirty
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 Section 1. Seniority is shall be defined as the employee's hours length of work since the an employee's most recent date of hirerecent, and shall accumulate based on straight-time hoursuninterrupted service working at the properties covered by this collective bargaining agreement.
16.02 Straight-time hours Section 2. A list of employees arranged in the order of their seniority shall be posted in a conspicuous place. A new seniority list shall be posted each year with a copy to the Union. Any protest
Section 3. Controversies regarding seniority shall be settled by the Employer and the Union. Failing a settlement by these parties, the controversy may be processed under the grievance procedures set out in this Agreement.
Section 4. The Employer recognizes seniority in its vacation policy as set forth in this Agreement. Promotions and all of the terms and conditions of employment shall be govemed by (1) ability, (2) dependability, (3) attendance, (4) experience and (5) seniority. If, in the opinion of the Employer, the first four (4) factors are equal, then seniority shall govern. If, in the opinion of the Employer, none of the applicants for any vacated position are qualified, the purposes of this Article Employer may fill the vacancy without regard to seniority. Seniority by classification shall also includegovern in layoffs and rehirings.
Section 5. Seniority shall be terminated when an employee:
a(1) paid holidaysQuits for any reason;
b(2) paid vacationIs validly discharged;
c(3) leave while in Fails to report to work promptly after layoff (the day following receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work without permission for more than telephone call or three (3) consecutive working days or more unless an explanation satisfactory to after the Employer mails notice to report to work, whichever is given by shorter). It shall be the responsibility of the employee for both to keep the absence and the failure to request permissionEmployer supplied with his current address;
e(4) the employee overstays Is absent because of layoff for a vacation or leave period of absence without securing six (6) months;
(5) Overstays a written extension of such leave of absence or vacation from without notifying the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request sameEmployer;
f(6) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee If, after an incapacitating injury or illness, fails to return to work without as soon as released for work by his doctors;
(7) Has been absent due to illness or injury for a period of twelve (12) consecutive weeks, unless an acceptable reason immediately after extension is granted by the Employer has been notified by in writing.
(8) Absence of two (2) consecutive days without notifying the Employer and providing a physician, an insurer or WorkSafeBC that reason satisfactory to the employee is able to return to workEmployer;
h(9) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that Giving the Employer has a false reason for a leave of absence;
(10) Engaging in its files unauthorized gainful employment while on a leave of absence or while off work because of illness or injury;
(11) Entrance into an agreement for that employee total and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.permanent disability; and
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY. 16.01 Seniority 7.1 The purpose of seniority is defined as to provide a policy governing layoffs and recalls.
7.2 In the employee's hours event of a layoff, the Company shall consider:
(a) the equipment for the work since that has to be performed;
(b) the employee's most recent date seniority of hirethe union member;
(c) in the event the qualifications of the Owner-Operators/ equipment are relatively equal, then the Owner-Operators’ seniority shall be the determining factor.
7.3 The Union will provide a bulletin board for each terminal in which the seniority list will be posted. The Company will provide the seniority list which will be updated and posted on a quarterly basis and will provide up to three copies to the Union Office upon request.
7.4 Owner-Operators shall be considered probationary until they have completed ninety (90) work days of contract, at which time they shall be placed on the seniority list, in accordance with dates.
7.5 Probationary Owner-Operators will work under the provisions of this Agreement during their probationary period, and shall accumulate based on straightthey may be discharged or disciplined without recourse to the grievance procedure. Upon completion of the Owner-time hoursOperator’s probationary period all conditions of the Agreement will then apply, including the health and welfare provisions as provided in the Company’s policy documents.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only 7.6 Contract may be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
(a) if an Owner-Operator voluntarily quits:
(b) if an Owner-Operator is discharged and not reinstated pursuant to the employee quitsgrievance procedure as provided for in the Agreement;
b(c) if an Owner-Operator has been laid off and has refused to return to work within twenty-four (24) hours after being contacted personally by the employee retiresCompany. When the Owner-Operator cannot be contacted personally, or is employed elsewhere, then the Company will notify him by registered mail, to his last known address, to return to work. He will then be given a maximum of seven (7) consecutive days from the date of notification to report for duty;
c) the employee is discharged for just cause and is not reinstated;
(d) the employee if an Owner-Operator is absent from work without permission securing a leave of absence for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permissiondays;
(e) the employee overstays if an Owner-Operator refuses a vacation work or leave of absence without securing a written extension of such leave of absence job assignment and that assignment has not violated this Collective Agreement or vacation from the appropriate Director, unless an explanation satisfactory any provincial or federal regulations or other rules attached to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home addressthis Agreement. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY. 16.01 Seniority is defined as 11.01 Employees hired by the employee's hours Employer after- December 10, 1991 shall have their seniority based upon their length of work since the employee's most recent continuous service from their last date of hire. Employees hired on or before December 10, and 1991 shall accumulate have their seniority based on straight-time hours.
16.02 Straight-time hours for upon their length of continuous service with the purposes Crown immediately prior to the commencement of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment their employment with the Employer outside in addition to their length of continuous service with the bargaining unit shall continue to accumulate seniorityEmployer since their date of hire.
16.05 11.02 Employees shall accumulate seniority while actively at work, on vacation, on a paid leave of absence or on other leave authorized by the Employer except for leave granted under Section 5.101 or while continuously absent from work due to sickness, disability or accident for up to 18 months.
11.03 The Employer shall provide the Union with a revised seniority of an employee list every six (6) months indicating employees• seniority date and current classification. An employee's seniority date on the seniority list shall be lost deemed conclusively correct unless written notice of objection to the seniority date shown is provided to the Employer.
11.04 An employee's seniority rights and her or his employment automatically terminated for any of the following reasons:shall terminate if
a) the employee quitsresigns and the resignation is accepted by the Employer;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstated.
c) the employee exceeds or overstays a leave of absence granted by the Employer without having obtained the express written consent from the Employer to the extension prior to the expiration of the originally granted leave of absence;
d) the employee gives false reasons for obtaining a leave of absence or utilizes a leave of absence for a purpose other than that for which the leave was granted;
e) the employee fails to report back to work from lay-off within ten (10) working days after being notified to return to work unless the employee provides a reason acceptable to the Employer for the failure to report for work;
f) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory without notifying the Employer and does not provide a reason acceptable to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee report for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was grantedwork;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by laid off for a physician, an insurer or WorkSafeBC that period of twenty-four (24) months; the employee is able to return to workretires;
hi) if the employee is waives his or her right to be recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employeeemployment.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 Section 1: The parties recognize that promotional opportunity and job security in the event of promotions, filling of vacancies, decrease of forces, and recalls after layoffs should generally increase in proportion to seniority. However, this shall not be interpreted to mean that seniority is to be the basis for the determination in such matters. Therefore, in recognition of the responsibility of management for the efficient operation of the plant, it is understood and agreed that in each of these matters, the factors to be considered will be defined in that particular article in this agreement.
Section 2: Seniority as herein used is defined as the employee's hours length of work since the employee's ’s continuous service with the Company and shall date from his most recent date hiring date. The principle of hire, seniority shall be applied only to the extent and shall accumulate based on straight-time hoursin the circumstances and in the manner herein specified.
16.02 Straight-time hours for Section 3: A copy of the purposes of this Article Seniority list shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22be supplied to the Union and a revised list shall be supplied to the Union every six months.
16.03 Section 4: Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically the employee shall be considered as terminated for any of the following reasons:
a) the If an employee quits;
b) the employee retires;
c) the If an employee is discharged for just cause and is not reinstatedcause;
dc) the If an employee is absent from work without permission for more than three (3) consecutive working scheduled workings days or more unless without notifying the Company and does not have a satisfactory excuse for the lack of notification;
d) If an explanation satisfactory employee on layoff fails to the Employer is given by the employee report for both the absence and the failure work within five (5) days when recalled. This will be extended to request permissionten (10) days for good cause;
e) the If an employee overstays a vacation or on leave of absence without securing a written extension fails to report for work at the expiration of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request sameabsence;
f) If continuous absence due to disability or illness extends beyond the employee utilizes a leave of absence for purposes other than those for which it was grantedemployee’s seniority or beyond eighteen (18) months, whichever is less;
g) the employee fails to return to work without If an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able on continuous layoff due to return to worklack of work for a period beyond the length of the employee’s seniority or in excess of eighteen (18) months whichever is less;
h) When it is proven that an employee has been employed by another company while on authorized leave of absence, he shall then be considered to have quit his job with the Company unless specifically allowed by mutual agreement between the Company and the Union; or
i) If an Employee receives a permanent social security disability rating which prevents the Employee from performing the essential functions of his assigned position.
Section 5: Seniority or continuous service shall accumulate during all leaves of absence subject to the conditions of this Agreement.
Section 6: Any Employee who is a member of the Bargaining Unit who is transferred out of such Bargaining Unit to accept a non-Bargaining Unit position with the Company will retain the Seniority standing which he had accrued up to the effective date of such transfer out of the Bargaining Unit, if the employee Employee is recalled transferred back within nine (9) months to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to an open position in the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employeeBargaining Unit.
16.06 The Employer agrees to post seniority lists Section 7: Seniority for bargaining unit employees every six (6) months. all Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashionbased on hiring order.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY. 16.01 Seniority 11.01 For the purposes of this Agreement, seniority is defined as the employee's hours length of work since the employee's most recent date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while continuous service in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniorityand will be applied on a bargaining unit wide basis. Seniority is from date of hire for all Employees.
16.05 The 11.02 A new Employee will be considered on probation until she has completed three hundred and sixty-five (365) hours paid or six (6) calendar months, whichever occurs first. Upon completion of the probationary period, the Employee’s name will be placed on the seniority list with seniority dating from the date she was last hired by the Employer. Probationary Employees shall not receive the following until after completion of an employee their probationary hours and none of these will be retroactive: - Uniform and Shoe Allowances - In Lieu of Benefits - Shift and Weekend Premiums
11.03 An Employee shall lose all seniority and her employment shall be lost and employment automatically deemed to be terminated for any of the following reasonsif she:
(a) the employee quits;
b) the employee retires;
c) the employee voluntarily resigns, retires or is discharged for just cause and is not reinstated;subsequently reinstated through the grievance procedure; or
d(b) is absent from work more than thirty six (36) months by reason of illness or other physical disability and there is no reasonable likelihood that the employee will return to work within the near future.
(c) is absent from work without permission a reasonable excuse for more than three (3) consecutive working days or for which she is scheduled to work; or
(d) is absent from work for more unless an explanation satisfactory to the Employer is given than thirty-six (36) months by the employee for both the absence and the failure to request permission;reason of lay- off; or
(e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to granted by the Employer is given by without contacting the employee for both the need for the extension and the failure to request same;Employer; or
(f) the employee utilizes a leave of absence for purposes other than those for which it was the leave of absence is granted;; or
(g) the employee fails to return report to work without an acceptable a satisfactory reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four five (45) days of after being telephoned or having notice notified of recall delivered by registered mail from layoff.
11.04 Seniority lists will be posted on the Union Bulletin Board and will be revised in January and July of each year according to the employee's home address. Such mailing shall be to the last address records of the employee that Employer. If there are no written complaints concerning the Employer has seniority list in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such following its posting. If no challenge is made within thirty (30) days, the employee's seniority list shall be deemed correct. Such information shall to be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashionaccurate.
16.07 Where an employee voluntarily leaves 11.05 The Employer will supply the Employer's service, or is dismissed for cause and is later re-engaged, Union Committee members with copies of the seniority and all perquisites shall date only from list as well as forwarding a copy to the time of re- employment, according to regulations applying to new employeesLocal Union Office.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 11.01 The Company shall establish a seniority list for its employees. Seniority is defined as the employee's hours of work since the employee's most recent date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee covered by the Agreement shall be lost established after a probationary period. The probationary period shall be the first ninety (90) working days commencing on the employees first scheduled shift. Seniority shall accumulate from the first scheduled shift worked. Employees hired on the same day will be placed on the seniority list in alphabetical order based on their surnames and employment automatically then their Christian names, following the signature of this collective agreement. During the probationary period, the employee shall be entitled to all rights and benefits of this Agreement, except as otherwise provided. Seniority shall be maintained and accumulated during:
1. Absence due to lay-off, sickness or accident;
2. Authorized leave of absence. During the probationary period 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 work performance and general attitude. Employees terminated under this subsection will not have the right to grieve the Company's decision, nor will the Union have this right. In the Event that a probationary employee successfully completes probationary period and is awaiting security clearance the employer will not terminate the employee unless he/she fails to obtain an approved security clearance.
11.02 An employee shall lose his/her seniority standing and his/her name shall be removed from all seniority lists for any one of the following reasons:
a) 1. If the employee voluntarily quits, given in writing;
b) the employee retires;
c) 2. If the employee is discharged for just and reasonable cause and is not reinstatedreinstated in accordance with the provisions of this Agreement;
d3. If the employee is laid-off and fails to return to work within five (5) working days after he/she has been notified to do so by the Employer. Ten (10) working days if working for another employer;
4. Notwithstanding Article 11 .01a) - 1, an employee off work for medical I other reasons in excess of thirty (30) months, where there is no reasonable likelihood of return of work;
5. If an employee is absent from work for five (5) or more consecutive working days without permission having notified the company and fails to provide a reasonable explanation for the absence;
6. Laid off for more than three eighteen (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (618) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 Section 4.1 Seniority is as defined as herein shall prevail and shall apply to all bargaining unit employees who perform work within the employee's hours scope of the work since classifications covered herein.
Section 4.2 Seniority shall include the employee's most recent date sum total of hireall continuous employment time, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for considered as continuous employment with the purposes of this Article shall also includeemployer as follows:
aA) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or Approved leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every not exceeding six (6) months. Employees ;
B) Absence from work by Union representatives who wish are elected appointed to question their seniority must do so within thirty (30a Union position;
C) days Absence by reason of such posting. If no challenge is made within thirty (30disability arising from job-related injury;
D) days, the employee's seniority shall be deemed correct. Such information shall be provided Active duty in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in the United States under conditions of re- employment rights as prescribed by law;
E) All nonproductive time for which wage payments are made.
Section 4.3 The seniority of employees who have been laid off due to lack of work or technological change shall be treated as follows:
A) Upon re-employment by the employer, employees who had attained twelve (12) or more months of credited service and who are engaged within twenty-four (24) months from the date of their layoff shall have their former seniority credited to seniority beginning at the date of rehire.
Section 4.4 Employees classified as part-time shall not accumulate seniority. Seniority is only counted for full- time employment with the County.
Section 4.5 Seniority and the employment relationship shall be considered broken by:
a) Discharge for just cause;
b) Resignation from the employer by the employee;
c) Failure to return from leave of absence or extension thereof;
d) A layoff due to lack of work for a period of more than twenty-four (24) months;
e) Failure to return to work or to make satisfactory arrangements to do so after a layoff within ten (10) days after receipt of proper notification. (Telegraphic or Certified Mail). It shall be the responsibility of “laid off” employees to keep the employer notified of their current address;
f) Failure to report for scheduled work or to notify their immediate supervisor of the reason thereof within a forty-eight (48) hour period;
g) An employee being unable to return to work within a twenty-four (24) month period for sickness or injury other than an on the job injury.
Section 4.6 An employee’s position on any wage progression schedule shall have no bearing on the employee’s seniority date.
Section 4.7 If the seniority date of two (2) employees is equal, the seniority shall be determined by the alphabetical order of the employee’s surnames and given names at the time of war or compulsory military service, or employment.
Section 4.8 An employee’s administrative service with date shall have no bearing on the Employer as a supervisory employee does not constitute a break in the continuous service employee’s seniority date.
Section 4.9 Seniority can be exercised on:
a) Selection of vacations;
b) Job bidding;
c) Layoffs and shall not affect an employee's seniority rightsrehire after layoffs;
d) Shift selection.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY. 16.01 12.01 All new employees shall be considered probationary for the first ninety (90) days, or two hundred (200) hours worked, whichever is greater, from their first shift worked (excluding Basic Blue) during which period they may be discharged by the Employer without further recourse by the Union.
(a) Seniority is defined as the employee's hours of work since the employee's most recent for full-time and part-time employees shall be determined by their date of hire, and shall accumulate based on straight. Should two (2) or more employees have the same date of hire their ranking will be determined by a number draw with number one being the most senior.
(b) Employees promoted to a full-time hoursvacancy and/or new full-time position shall have a full-time seniority date established for the sole purpose of determining full- time bid run positions, layoffs and/or demotions from full-time positions.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated 12.03 Any employee who has been promoted to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer higher classification outside the bargaining unit shall continue and, after a reasonable trial period, not to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every exceed six (6) months, does not meet the Employer’s requirements for the new position, shall be restored to his former position and shall retain his seniority therein.
12.04 An employee shall forfeit seniority in any of the following events:
(a) He is dismissed for just cause and not reinstated;
(b) He voluntarily leaves the service of the Employer;
(c) He fails to report to work after a layoff in accordance with Article 14.03 below without a legitimate reason;
(d) He fails to report to work at the expiration of a leave of absence except for a legitimate reason;
(e) He is absent from work for three (3) days without immediately notifying the Employer, except for a legitimate reason;
(f) He is promoted and remains outside of the bargaining unit six (6) months or longer;
(g) He has not been employed during a period in excess of twelve (12) months;
(h) A legitimate reason as defined in Article 12.04 (c)(d) and (f) above shall not include, among other reasons, other employment.
12.05 Part-time employees shall have seniority for the purposes of scheduling, layoff and recall, booking of vacations and promotion to full-time positions only under this Agreement except as provided in Article 13.03.
(a) The Employer shall furnish the Union with an up-to-date seniority list for each branch each six (6) months indicating each employee’s seniority date, classification and last known home address. Employees who wish In addition, the Employer shall post a copy of the current seniority list in a place accessible to question employees. Seniority shall operate independently in each Branch.
(a) Seniority for employees shall be by branch and division.
1. Full-time Armoured/ATM
2. Part-time Armoured/ATM
1. Full-time Cash Logistics
2. Part-time Cash Logistics For the purpose of this Article, the Regina and Saskatoon operations are considered as individual branches. Seniority shall not be transferred from one branch or division to another.
(b) In the event an employee transfers between branches or divisions without an interruption of service, their date of hire will remain unchanged for the purposes of service related benefits.
(c) The Employer recognizes the desirability in general of retaining employees with longer continuity of service and the Union recognizes that the Employer must maintain an effective working force. In all cases of layoff, the principle of seniority must shall be followed provided that the employee retained is as well qualified to do so within the work as the employee laid off. A reasonable time not to exceed thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashionto the appropriate affected employee to prove their ability to satisfactorily perform the required duties of the position.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY. 16.01 10.01 There shall be a single seniority list for the bargaining unit.
10.02 Seniority is defined as and service shall be calculated from the last date of hire of employees.
10.03 An employee will be considered on probation and will not be subject to the seniority provisions of this Agreement, nor shall his/her name be placed on the seniority list, until after he/she has worked 480 consecutive hours or twenty (20) consecutive weeks with the Board whichever comes first. Upon completion of such probationary period, the employee's hours of work since name shall be placed on the employee's most recent seniority list with seniority dating from the last date of hire, continuous hire by the Board. The dismissal of a probationary employee shall not be the subject of a grievance.
10.04 A person shall lose all seniority and shall accumulate based on straight-time hours.
16.02 Straight-time hours for be deemed to have terminated employment with the purposes of this Article shall also includeBoard if he/she:
(a) paid holidays;voluntarily quits the employ of the Board; or
(b) paid vacation;he/she is discharged and such discharge is not reversed through the Grievance Procedure; or
(c) leave while in receipt of wage-loss benefits under thefails to report for work within ten (10) working days after being notified by registered mail by the Board to report for work, unless a satisfactory reason is given; or
(d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation a satisfactory to the Employer reason is given by the employee for both the absence and the failure to request permission;given; or
(e) the employee overstays a vacation or is absent due to lay-off for more than two (2) years; or
(f) fails to return to work upon termination of an authorized leave of absence without securing unless a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer reason is given by the employee for both the need for the extension and the failure to request same;
f) the employee or utilizes a leave of absence for purposes other than those for which it the leave of absence was granted;, unless a satisfactory reason is given.
g10.05 Seniority shall be maintained but shall not accumulate during leaves of absence for any reason in excess of three (3) months except in the case of Board approved Union leave, maternity/paternity leave, adoption leave, parental leave and absence while in receipt of WSIB benefits and absence while on LTD benefits during which time(s) seniority will accumulate.
10.06 No employee fails shall be transferred to return to work a position outside the bargaining unit without an acceptable reason immediately after his/her consent.
10.07 The Board shall notify the Employer Union of the names and seniority dates of all new employees. The Board shall further notify the Union when a probationary employee has been notified by terminated.
10.08 The Board, once each year, shall provide the Union with a physiciancomplete seniority list as of March 31st consisting of all employees, an insurer or WorkSafeBC that the employee including their classification and is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail be forwarded to the employee's home address. Such mailing shall be Union not later than April 30th of each year.
10.09 The Board will provide to the Union a list of employees in the bargaining unit indicating the name, last address and phone number of the employee as provided to the Board, job and group codes, location, original start date, actual FTE, hourly wage rate, hours worked per week, benefit type and description upon request but not more often than once per calendar year. Such list shall be a format as may be agreed between the parties from time to time. The parties agree that this paragraph will be modified to the extent required, if any, that any legislation or regulation respecting individual privacy is enacted or amended.
10.10 Whenever seniority is a factor in this agreement (including for example but not limited to, promotions, transfers, lay-off) it is understood that seniority means the credit as of the first day of the month on which it is being applied. (Specifically for promotions seniority used shall be as of the month of the closing of the job posting and for lay-offs seniority shall be as of the month that the Employer has in its files notice of lay-off is issued.)
10.11 When two (2) or more members of the Bargaining Unit have the same “seniority”, the Board will forward the names and addresses of the employees with their seniority rating to the Union. Two representatives from the Board and two representatives from the Union shall meet at a mutually agreeable time for that the purpose of drawing the names of the employees by lot. (Both sides shall choose their respective representatives). The employee and such mailings whose name is chosen earlier shall be deemed to have been received greater seniority. The Board shall advise the employees involved of the seniority rankings determined through this draw by the employeeletter.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 Seniority is defined as the employee's hours of work since the employee's most recent date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
(a) paid holidays;
(b) paid vacation;
(c) leave while in receipt of wage-loss benefits under thethe Workers’ Compensation Act;
(d) paid sick leave; and
(e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
(a) the employee quits;
(b) the employee retires;
(c) the employee is discharged for just cause and is not reinstated;
(d) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
(e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
(f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
(g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
(h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 Seniority 13.01 There shall be two (2) types of seniority, namely jurisdictional seniority and classification seniority. Jurisdictional seniority is defined the length of an employee’s continuous service for the Company, in positions coming within the scope of the Union, since the date of his last hiring by the Company, except as expressly provided herein. Classification seniority is the length of the employee's hours of work since the employee's most recent date of hire’s continuous employment within a classification as defined, and shall accumulate based on straight-time hoursexcept as expressly provided herein.
16.02 Straight-time hours for the purposes 13.02 The job classifications are as shown in Appendix “A” of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22Agreement.
16.03 13.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside shall apply on lay-offs, recalls and job posting within the bargaining unit shall continue subject to accumulate senioritythe conditions stated in this Article, and provided the employee has the present ability and qualifications to perform the work.
16.05 The 13.04 A permanent employee’s seniority of an employee shall be completely lost and employment automatically terminated for any of the following reasons:
(a) Voluntary termination or resignation
(b) Discharged
(c) Laid off by the Company for a period of more than twenty-four (24) months where the employee quits;has six (6) months or more seniority.
b(d) A notice of recall has been made and the employee retires;fails to report within the required time as follows:
ci) Notice shall be sent to the employee’s most recent address by double registered mail.
ii) The employee is discharged for just cause and is not reinstated;
d) must notify the employee is absent from work without permission for more than Company within three (3) consecutive working days or more unless after the notice of recall has been received.
iii) The Company will allow an extension of up to thirty (30) calendar days from when the notice of recall has been received upon a reasonable explanation satisfactory to of why the Employer extension is given by the employee for both the absence and the failure to request permission;needed.
(e) the employee overstays a vacation Unable to return to work following absence due to illness or non-occupational accident exceeding two (2) years.
(f) Failure to return from authorized leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory reasonable justification acceptable to the Employer is given by Company.
13.05 Seniority shall be maintained and accumulated during:
(a) Absence due to an occupational accident incurred in the employee for both the need performance of work for the extension and the failure Company up to request same;a maximum of one (1) year (while actually receiving WorkSafeBC benefits).
f(b) the employee utilizes Temporary illness or non-occupational accident causing absence up to a maximum of one (1) year.
(c) An approved leave of absence for purposes other than those a maximum period of one (1) year.
13.06 Seniority shall be maintained but not accumulated during:
(a) Absence due to an occupational accident incurred in the performance of work for which it was granted;the Company up to a maximum of two (2) years (while actually receiving WorkSafeBC benefits).
g(b) Temporary illness or non-occupational accident causing absence up to a maximum of two (2) years.
(c) Lay offs as per the provisions in Article 13.04 (c).
13.07 An employee fails to return to work without an acceptable reason immediately after who accepts a position outside the Employer has been notified by a physician, an insurer or WorkSafeBC that bargaining unit but within the employee Company and is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail returned to the employee's home address. Such mailing bargaining unit within three (3) calendar months shall be maintain his seniority but shall not accumulate seniority while in that position but has the option to apply to the last address Union which may allow an extension of up to three (3) additional calendar months upon reasonable explanation as to why the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employeeextension is needed.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 Seniority is defined as During the employee's hours first ninety (90) calendar days of work since the employee's most recent date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment employment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of Employer, an employee shall be lost considered a probationary employee and, on qualifying his seniority will date back to the time of hiring. During his probationary period an employee shall be subject to all provisions of this Agreement, save and employment automatically terminated except the grievance procedure in the event of his discharge. Failing to be on his position or failing to be at work for any a period of time due to illness, injury or on modified duties, the probationary period of the following reasons:employee is then automatically prolonged for an equal period of time. * In lay-offs of employees from the Plants, seniority shall be the governing factor so long as it does not prevent the Employer from maintaining an adequate work force of employees who are qualified to perform the work to be done. Where the ability of two or more employees is relatively equal, seniority shall be the deciding factor. * In the case of seasonal lay-off, all men affected will receive an hour's advance notice during which he will be permitted to clear his belongings. When a man quits a job he shall give the Employer at least one hour's notice. * Last employee laid-off shall be the first employee to be called back by his classification. If the Employer needs an employee for a certain classification, and there is no senior employee with such classification, then the Employer may call back the most senior employee who is qualified to perform the work.
a1) the employee Employee voluntarily quits;
b2) the employee retires;
c) the employee Employee is discharged for just cause and is not reinstatedcause;
d3) the employee Employee is absent from work for three consecutive days without permission for more than notifying the company;
4) If the Employee does not advise the employer within three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails his intention to return to work without an acceptable reason immediately after he was called back by the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able Registered letter to his last known address. The Employee will be required to return to work;
h) if work within five working days after the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address elapse of the employee that the Employer above mentioned three working days unless he has in its files a valid reason for that employee and such mailings shall be deemed not being able to have been received by the employeereturn.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (65) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge Employee is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, laid off and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later not re-engaged, seniority and all perquisites shall date only from the time employed within twelve months or length of re- employment, according to regulations applying to new employeesservice whichever is less.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 (a) Seniority is defined as shall be recognized on a divisional basis in the following divisions:
i) Roads and Storm Division
ii) Water and Sewer Division
iii) Water Filtration Division
iv) Pollution Control Division
v) Solid Waste Management Division
vi) Mechanics and Electricians
(b) An employee shall acquire seniority after having worked for the City for a continuous period of 90 worked days within the bargaining unit. During this period the employee will be on probation and will not have any seniority but upon completion of this probation period seniority shall date back to the last date of hiring.
10.02 Seniority rights shall not accrue during periods of lay-off or leaves of absence in excess of one month.
10.03 An employee shall lose all seniority status and the employee's hours of work since name shall be removed from the employee's most recent date of hire, seniority list and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically deemed to have terminated for any of the following reasonsif:
(a) the employee quitsvoluntarily quits his employment;
(b) the employee retires;
c) the employee is discharged for just cause and is not reinstatedreinstated through the grievance procedure;
(c) the employee fails to report to work after a lay-off within 72 hours of being recalled. In the event of the City being unable to contact the employee personally a recall shall be deemed to have been carried out if a registered letter has been sent to the last known address of the employee as shown on City personnel records;
(d) the employee fails to report for work on two consecutive work days unless they have an explanation which is satisfactory to the City;
(e) the employee is continuously on lay-off in excess of nine months;
(f) the employee is retired, pursuant to the provisions of the O.M.E.R.S. retirement plan;
(g) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee any reason for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) period exceeding 12 calendar months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or until sick leave benefits are exhausted, whichever is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employeesgreater.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 14.1 Seniority is defined shall mean length of continuous service, with the Employer and its predecessors.
14.2 Except as provided in Section 3 following, an employee who leaves the employee's hours of work since bargaining unit and subsequently returns, will be considered a new employee from the employee's most recent date of hirere-entering the unit for the purpose of determining seniority credit.
14.3 An employee laid-off and placed on the recall list under Article 13, Section 3, will retain and continue to accumulate seniority during the period of lay-off.
14.4 An employee who leaves the bargaining unit to fill a position with the Employer excluded from the unit by agreement between the Union and the Employer or the Labour Relations Code, shall accumulate based on straightbe credited with accumulative seniority (seniority held at date of leaving the bargaining unit plus accrued credit from the date of re-entry to the unit). It is agreed that this provision shall apply for the probationary period in the management position.
14.5 No seniority shall accrue for short terms of temporary work except where a temporary or casual employee becomes a Full-time hoursRegular employee without a break in service. In such cases, seniority shall start from the last date the employee started as a temporary or casual employee.
16.02 Straight-time hours 14.6 An employee on approved leave of absence for the purposes of this Article shall also includefollowing reasons will continue to accrue seniority as follows:
a) paid holidays;In instances of absence, for vacation entitlement, Bereavement Leave (Article 9(2)), Jury Duty (Article 9(3)) and Maternity Leave (Article 9(4)); seniority will be accumulated,
b) paid vacation;
c) leave while in receipt In instances of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under absence for Union business (Article 22.
16.03 Seniority can only 9(1), and Special Leave (Article 9(5)), Sick Leave Article 10(2)), seniority will be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence months and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need thereafter maintained for the extension and duration of the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) leave. Seniority will lapse where the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address upon expiration of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employeeleave.
16.06 14.7 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the part-time employee's seniority date shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and their commencement date of employment.
14.8 Seniority lists will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with made available by the Employer at such times as a supervisory employee does may be required for the administration of this Agreement and, in any event, not constitute a break in the continuous service and shall not affect an employee's seniority rightsless than twice annually.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 11.01 Seniority is defined as the shall mean an employee's length of continuous service with the Employer. An employee shall maintain and accumulate seniority while he is in the employ of the Employer after he has completed his probationary period as set out in Article 11.02 below, subject to Article 11.04.
11.02 A newly hired employee shall serve a probationary period of four hundred and eighty (480) hours worked within a twelve (12) month period and shall have no seniority rights during this period. Upon completion of work since the employee's most recent probationary period, a new employee shall have his seniority dated back to his original date of hire by the Employer. Where two or more employees acquire seniority on the same date, they shall be added to the seniority list in alphabetical order, surname then first name (surname at date of hire, and shall accumulate based on straight-time hours).
16.02 Straight-time hours for 11.03 Seniority lists will be supplied to the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22Union quarterly and posted on a bulletin board.
16.03 11.04 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of once established for an employee shall be lost forfeited and the employee's employment automatically shall be terminated for under any of the following reasonsconditions:
(a) the employee if he voluntarily quits;
(b) the employee if he retires;
(c) the employee if he is discharged for just cause and is not reinstatedreinstated through the Grievance Procedure;
(d) if he fails to report after layoff or leave of absence in accordance with the provisions of this Agreement unless he provides a valid reason for failure to report;
(e) if sixty (60) months have elapsed from the day of layoff for an employee with more than one (1 ) year of seniority;
(f) if eighteen (18) months have elapsed from the day of layoff for an employee with less than one (1) year of seniority;
(g) if he is absent from work without permission for more than three (3) or more scheduled consecutive working days or more unless an explanation satisfactory to without notifying the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate DirectorEmployer, unless an explanation satisfactory in the circumstances it is impossible for him to do so.
11.05 Employees promoted to supervisory positions shall lose their bargaining unit seniority effective the Employer date of the promotion.
11.06 An employee who is given no longer able to perform the normal required work of his job within a classification by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes reason of having incurred a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer permanent or WorkSafeBC that the employee partial disability but who is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered perform other duties may by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that agreement between the Employer has in its files and the Union be assigned to or retained at an operation within his capacity at the prevailing rate of pay for that employee and such mailings shall be deemed to have been received by the employeework.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 8:01 An employee’s seniority shall consist of the following:
(a) Seniority is defined as shall mean the total of all hours paid at the employee's hours ’s regular rate of work since pay from the employee's most recent date time the employee last entered the service of hire, and shall accumulate based the Employer in the Health Care Support Services to the last time her name appears on straight-time hoursthe payroll.
16.02 Straight-time hours (b) Departments will be outlined in Schedule “B”.
8:02 In order to be eligible for a vacant position, an employee must first possess the qualifications prescribed by the Employer for the purposes position concerned, possess a satisfactory employment record and meet the physical requirements of this Article the position in question. Where more than one (1) employee possesses the above selection criteria, the vacancy selection shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate based upon seniority.
16.05 The seniority 8:03 Seniority will determine the level of an employee shall be lost benefit entitlement of such benefits as vacation. Actual entitlement in any calendar year of benefits such as vacation and employment automatically terminated for income protection is based strictly on regular paid hours including any of the following reasonsperiod of:
(a) the employee quitsPaid leave of absence;
(b) the employee retiresPaid income protection;
(c) Unpaid leave of absence up to four (4) weeks. In the employee event that the unpaid leave is in excess of four (4) weeks, accrual of benefits ceases effective at the commencement of such leave;
(d) Workers Compensation up to two (2) years in that appropriate time period.
8:04 Seniority will terminate if an employee:
(a) resigns;
(b) is discharged for just cause and is not reinstatedreinstated under the grievance or arbitration procedure;
(c) is laid off and fails to report for duty as instructed as per Article 10:06;
(d) the employee is absent from work without permission laid off for more than three twenty-four (324) consecutive working days months;
(e) fails to report for work as scheduled at the end of an approved leave of absence, suspension, or more unless vacation, without an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permissionEmployer;
e(f) is promoted or transferred out of the employee overstays a vacation or bargaining unit and has completed the trial period in the new position;
(g) is absent for two (2) consecutive work days and does not provide the Employer with an acceptable explanation.
8:05 Seniority will continue to accrue if an employee:
(a) is on any period of paid leave of absence;
(b) is on any period of paid income protection;
(c) is on any period of paid vacation;
(d) is on any period of unpaid leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory up to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days consecutive weeks; except those referenced in 8:05 (e);
(e) is on an unpaid leave of being telephoned absence due to injury or having notice illness which may be compensable by Workers Compensation, M.P.I. or L.T.D. for a period of recall delivered by registered mail up to two (2) years from the date of the first absence from work related to the injury or illness;
(f) is on parenting leave;
(g) is assigned to temporarily relieve or replace an employee in an out of scope position;
(h) She/he is on an educational leave of absence up to two (2) years.
8:06 Seniority will be retained but will not accrue if an employee's home address. Such mailing :
(a) is on any unpaid leave of absence in excess of four (4) consecutive weeks; except those referenced in Article 8:06 (b);
(b) is on an unpaid leave of absence due to injury or illness which may be compensable by Workers Compensation, M.P.I. or L.T.D. for a period of more than two (2) years from the date of the first absence from work related to the injury or illness;
(c) is laid off for less than twenty-four (24) months;
(d) is on the trial period of an out-of-scope position;
(e) is in a term in an out of scope position;
(f) is on an educational leave of absence in excess of two (2) years.
8:07 A seniority list of all employees indicating the total seniority hours since the date of entry into the service of the Employer, in the Health Care Support Services, shall be to prepared by the Employer at an effective date of the end date of the last address pay period of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) monthscalendar year. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and This list will be provided securely in an agreed upon fashionposted on the employees’ bulletin board no later than February 1st of each year.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 (a) Seniority of an employee shall mean the length of his unbroken service, after completion of the probationary period at the London location, as outlined in Article 2.04, with the Company in the Bargaining Unit covered by this Agreement, except as provided in clauses 8.01 (b), 8.01 (c), 8.12, 18.01 (d) and
18.01 (e) herein.
(b) It is defined as agreed that clause 8.01 (a) above shall not be applied to alter any seniority date which has been established prior to the employee's hours of work since the employee's most recent effective date of hire, and shall accumulate based on straight-time hoursthis Agreement.
16.02 Straight-time hours for 8.02 For the purposes of this Article 8, inside employees and outside employees shall also includebe considered as separate seniority groups.
8.03 Separate seniority lists shall be maintained by the Company for each of the seniority groups referred to in clause 8.02 above, showing the name and seniority date of each employee who has acquired seniority under this Agreement. If two or more employees are hired on the same day, the times of hiring will determine their seniority ranking. These lists will be brought up to date every three (3) months and, at each revision, will be posted on the Union bulletin board for a period of five (5) working days. During that interval, any employee whose name appears on the list for the first time may question his seniority ranking if he is in disagreement with it. If no written complaint is received by the Company within five (5) working days of the posting of a seniority list, the revisions contained in that list shall be deemed to be correct by all concerned. A copy of each updated list will be mailed to the Union Office and a copy given to the Plant Chair.
8.04 An employee's service with the Company shall be broken if that employee:
(a) paid holidays;quits,
(b) paid vacation;is laid off for a period of twenty-four (24) months or more,
(c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstated;,
(d) fails to return to work on the employee expiration of any period of leave granted by the Company unless excused by the Company,
(e) is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory without having notified the Company and received permission to the Employer is given be absent, which permission shall not be unreasonably withheld,
(f) otherwise ceases to be employed by the employee for both the absence Company.
8.05 In making transfers, promotions, demotions, layoffs, and the failure to request permission;
e) recalls from layoffs within a seniority group, seniority shall govern, provided the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from can satisfactorily fulfill the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address normal requirements of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employeejob.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 10.01 For Employees who are employed in the bargaining unit on the date of ratification of this Collective Agreement, seniority shall be defined as their total length of service with the Company in positions now covered by this Collective Agreement. For Employees who are hired or who transfer into the bargaining unit after the date of ratification, seniority shall be defined as their total length of service in the bargaining unit, dating from their first date of employment in the bargaining unit.
10.02 Seniority is shall be defined as the employee's hours total length of work since service in the employee's most recent bargaining unit dating from the Employee’s first date of hire, and shall accumulate based on straight-time hoursemployment in the bargaining unit.
16.02 Straight10.03 An Employee who transfers or is re-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated hired to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer position outside the bargaining unit shall continue shall, if the Employee returns to accumulate senioritythe bargaining unit, retain all seniority that the Employee had prior to leaving the bargaining unit, including the first six (6) consecutive months of time spent out of the bargaining unit.
16.05 The 10.04 Employees will lose their seniority of an employee shall and their name will be lost removed from the seniority list and their employment automatically will be considered terminated for any of under the following reasonscircumstances:
(a) the employee quits;
b) the employee retires;
c) the employee is When discharged for just cause and is not reinstated;
(b) When an Employee voluntarily leaves the Company;
(c) When laid off for a period in excess of their recall rights as set out in Article 11.04;
(d) the employee Desertion of service;
(e) When retired;
(f) When an Employee is absent from work without permission notice to the Company for more than three two (32) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permissionconsecutive scheduled shifts;
e(g) the employee When an Employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, Company; unless an explanation satisfactory to the Employer Company is given by the employee for both the need for the extension and the failure to request sameEmployee;
f(h) the employee When an Employee utilizes a leave of absence for purposes reasons other than those for which it was granted;
g(i) the employee When an Employee fails to return to work without an acceptable reason immediately after the Employer Company has been notified by a physician, an insurer doctor or WorkSafeBC WSIB that the employee is able to return to work;
h(j) if the employee is recalled When an Employee receives notice of recall to work following a layoff, by telephone or by email or registered mail, and fails to return advise the Company if the Employee wishes to accept the recall within twenty-four (424) hours after having received such telephone call or notice, or fails to report to work within ten (10) calendar days from the date of being telephoned or having notice advising the Company of recall delivered by registered mail the Employee’s intent to the employee's home addressreturn. Such mailing or email shall be to the last address or email address of the employee Employee that the Employer Company has in its files for that employee Employee, and such mailings shall be deemed to have been received by the employeeEmployee.
16.06 The Employer agrees to 10.05 No later than April 15th and September 15th, the Company will post seniority lists for bargaining unit employees every six (6) monthsFull Time Employees, regular part time Employees and casual part time Employees, and provide a copy of same to the Local Union. The list will contain the following information for each Employee: – Name, – Classification, – Employee Number, – Bargaining Unit Seniority, expressed in terms of start date.
10.06 It shall be the responsibility of each individual Employee to ensure that their seniority as listed is correct. Employees who wish to question their seniority must do so within thirty shall have fourteen (3014) days from the first day of such posting. If no challenge is made within thirty posting to grieve for the purpose of having the seniority list corrected, after which time the list will not be changed.
10.07 When two (302) daysor more Employees have the same Bargaining Unit Seniority, their position on the seniority list shall be determined by drawing the names by lot.
10.08 Upon the return to work of an Employee who has been on an authorized leave of absence because of illness or injury, the employee's seniority Employee will return to their former position, if the position is still available and if the Employee is capable of performing the work, otherwise the Employee will be offered, in accordance with their seniority, other available work which the Employee is capable of performing, in accordance with this Article and the duty to accommodate. These obligations shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashionsubject to the Employee providing satisfactory evidence of ability from a Doctor.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 Seniority 7.01 For all employees hired after July 15, 1998, their seniority is defined as the employee's ranked in accordance with their accumulated hours of work since in the bargaining unit with the Employer from the employee's most recent ’s last date of hire calculated on the basis of one
(1) month equals 156¼ hours and 1875 hours equals one (1) year.
7.02 For all employees hired prior to July 15, 1998, their seniority is ranked in accordance with their continuous service in the bargaining unit from their last date of hire. Should the start date of two (2) or more employees be the same, and the number of hours worked shall accumulate based on straight-time hours.
16.02 Straight-time hours for be the deciding factor when calculating seniority. For the purposes of this Article wage progression eighteen hundred and seventy-five (1875) hours shall also include:
a) constitute one year. In calculating wage progression, hours worked and paid holidays;
b) for, hours not worked and paid vacation;
c) for by the Employer, hours not worked and paid for by Workplace Safety and Insurance Board (WSIB), and hours lost due to disability, maternity, adoption leave, and any other leave while in receipt of wage-loss benefits absence under the
d) paid sick leave; and
e) approved leaves under Article 22the Employment Standards Act, 2000 requiring that continuous service to be acknowledged shall be included.
16.03 Seniority can only 7.03 The Employer shall maintain seniority lists and make copies available to the Union every six (6) months. These lists will be posted in the workplace on April 1st and October 1st each year, and will be based on all seniority accumulated up to a maximum of 1,950 hours per yearMarch 1st and September 1st, respectively.
16.04 7.04 An employee who accepts a temporary assignment with employee's seniority rights once acquired shall cease to exist and the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any deemed to be terminated, if an employee:
a. voluntarily quits the employ of the following reasons:
a) the employee quitsEmployer;
b) b. is discharged and such discharge is not reversed through the employee retiresgrievance procedure;
c) the employee is discharged for just cause and is not reinstated;
d) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee c. utilizes a leave of absence for purposes other than those for which it the leave was granted, or engages in gainful employment elsewhere while on leave of absence, or fails to report for duty on the first (1st) day following the expiration of a leave of absence, unless the employee has obtained permission from the Employer in writing or provides a reasonable explanation satisfactory to the Employer;
gd. is laid off for a continuous period of more than eighteen (18) months or her length of seniority if less, or fails to report for work when recalled in accordance with Article 7.08;
e. has been absent for two (2) consecutive working days without having notified the Employer, in which case the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by quit without notice unless a reason satisfactory to the employee.Employer is given;
16.06 The Employer agrees f. retires or is retired;
g. is off work due to post seniority lists illness for bargaining unit employees every six a period of twenty four (624) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, ;
h. leaving the Employer's premises during the employee's seniority work shift without the permission of the employee's Executive Director or designate (the parties will exercise this provision reasonably);
i. failure to report for work as scheduled at the end of a leave of absence, vacation or suspension unless an explanation is given by the employee which is acceptable by the Employer;
j. does not work a shift for a period of one (1) year for reasons other than those noted in clause d. and x.
a. A layoff shall be deemed correctdefined as a reduction in the workforce or a reduction in the regular hours of work, lasting more than one day, as defined in this Agreement. Such information No employee shall be provided in electronic format, laid off where such as Microsoft Excel, and will be provided securely in an agreed upon fashionlayoff is not warranted by a lack of work.
16.07 Where b. Both parties recognize that job security shall increase in proportion to length of service. Therefore, in the event of a layoff, employees shall be laid off in the reverse order of their bargaining unit wide seniority. An employee about to be laid off may displace any employee with less seniority provided the employee exercising the right is qualified, able and willing to perform the work of the employee with less seniority.
c. New employees shall not be hired until those laid off have been given an opportunity of recall. Recall from layoff shall be based upon the seniority of the employees affected provided the employee voluntarily leaves or employees to be recalled are qualified to perform the Employer's service, work for which they are being recalled.
d. No full-time employees within the bargaining unit shall be laid off or is dismissed for cause and is later rehave her hours of work reduced by reason of her duties being assigned to one or more part-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with 7.06 The Employer shall give the Armed Forces of Canada in time of war or compulsory military service, or service with employee concerned as well as the Employer as Union a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.two
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 Seniority is defined as 8.01 The seniority of an employee means the employee's hours length of work since the employee's most recent date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment his continuous service with the Employer outside since the bargaining unit shall continue to accumulate senioritydate of last hiring, as described in Article 9.
16.05 8.02 The seniority and employment of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee if he voluntarily quits;
b) if he is discharged and not reinstated in accordance with provisions of the employee retiresagreement;
c) the employee is discharged for just cause and is not reinstated;
d) if the employee is absent from work without permission Employer-approved leave of absence for more than three (3) consecutive working days or more days, unless an explanation satisfactory the employee offers a reason acceptable to the Employer, why he could not contact the Employer;
d) if absent from work due to sickness or a noncompensable injury for a period in excess of three (3) consecutive days without providing the Employer is given by the employee for both the absence and the failure to request permission;with an acceptable medical practitioner; 5certificate from a qualified medical
e) if an employee is laid off due to lack of work, and his recall rights expire as per Article 10;
f) if an employee is absent for a period exceeding twelve (12) consecutive months on account of nonoccupational injury or illness unless the employee can submit medical evidence that a return to work is possible within a reasonable period of time;
g) if an employee, upon being recalled, fails to notify the Employer within forty-eight (48) hours of being given notice of recall, or having notified the Employer, fails to report for work within three (3) days of notification of the Employer, except where extenuating circumstances existed, which meets the Employer’s approval, which prevented the employee from notifying the Employer;
h) if he accepts any employment while on a leave of absence;
i) if he overstays a vacation or an Employer-approved leave of absence without securing a written receiving an extension of such leave of absence or vacation from the appropriate Directorabsence, unless an explanation satisfactory the employee offers a reason acceptable to the Employer is given by why he could not return on the scheduled date;
j) if he attains age sixty-five (65).
8.03 It shall be the responsibility of the employee for both to notify the need for the extension Employer in writing promptly of any change in their address and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the telephone number. If an employee fails to return to work without an acceptable reason immediately after do so, the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able will not be responsible for failure of any notice to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and reach such mailings shall be deemed to have been received by the employee.
16.06 8.04 Any employee promoted or transferred to a job outside the bargaining unit shall maintain his accumulated seniority acquired on the date of his promotion or his transfer. When an employee returns to the bargaining unit, he will have the accumulated seniority he had acquired at the time of promotion or transfer.
8.05 The Employer agrees to post will provide the union with a current seniority lists for bargaining unit employees list showing each employee’s seniority date, current address, classification and rate of pay, every six (6) months. Employees who wish to question their (Implementation Note: the seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed list for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break posting in the continuous service plant will not have wage rates and shall not affect an employee's seniority rights.addresses. )
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 19.01 Seniority is defined as referred to in this Agreement shall mean length of service in the employee's hours of work since bargaining unit dating back to the employee's most recent last date of hire, hire and shall accumulate based be applied on straighta bargaining unit-time hourswide basis.
16.02 Straight-time hours for 19.02 An employee shall lose his or her seniority and shall be deemed to have terminated employment in the purposes of this Article shall also includefollowing circumstances:
a) paid holidaysif he or she voluntarily quits his employment with the Employer;
b) paid vacationthat he or she is discharged and is not reinstated through the grievance or arbitration procedures;
c) leave while in receipt that he or she is off work because of wagelay-loss benefits under the
doff, accident or illness for twelve (12) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with months or the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any length of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee employee’s seniority, whichever is discharged for just cause and is not reinstatedshorter;
d) fails to notify the employee is absent from work without permission for more than Employer within three (3) consecutive working days that he or more she will report to work after being notified by the Employer to report for work or subsequently fails to report for work within five (5) working days after being notified by the Employer by registered mail to report for work following lay-off unless an explanation a reason satisfactory to the Employer is given by given.
19.03 An employee shall accumulate seniority under any of the employee following circumstances:
a) when actually at work for both the absence and the failure to request permissionEmployer;
eb) the employee overstays a when absent on vacation or with pay, on plant holidays, approved leave of absence without securing in accordance with Article 11 (up to three (3) months of absence);
c) during any period when he or she is prevented from performing his or her work for the Employer by reason of illness, accident and/or injury arising out of and in the course of his or her employment for the Employer and for which he or she is receiving compensation under the provisions of the Workers’ Compensation Board Act for a written extension period of such leave of absence up to twelve (12) months.
19.04 An employee who does not qualify to accumulate seniority under Article 19.03 shall maintain his or vacation from the appropriate Directorher existing seniority, unless and until he or she loses same pursuant to Article 19.02.
19.05 Employees shall be required to notify the Employer of any change of address or telephone number. The Employer shall be entitled to rely upon the last address and telephone number furnished to it by an explanation satisfactory employee for all purposes.
19.06 Seniority lists shall be revised and posted in the workplace every six (6) months and a copy sent to the Employer is given by Union.
19.07 In the employee for both the need event of layoffs and for the extension and the failure to request same;
f) the employee utilizes a leave purpose of absence for purposes other than recalling those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has who have been notified by a physicianlaid off, an insurer or WorkSafeBC that seniority shall govern as long as the employee is able to return perform the available work.
19.08 Employees returning from leave as spelled out in Article 11 or Article 19.03b) will be returned to work;
h) if the employee is recalled to work their former shift and fails to return former duties within four two (42) days of being telephoned returning to work or having notice within one (1) week if absent or leave was more than five (5) working days subject to position existing and the seniority provisions of recall delivered the Collective Agreement.
19.09 In the event that an employee covered by registered mail this Agreement should be promoted to a supervisory or confidential position beyond the scope of the Agreement, as defined in Article 1 – Recognition, he or she shall retain his accumulated seniority for a one (1) year period from the date of appointment or length of seniority, whichever is shorter. Following the expiry of the preceding limits the employee's home address. Such mailing ’s name shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only considered deleted from the time seniority list, except for the purposes of re- employment, according to regulations applying to new employeesvacation pay percentages.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
SENIORITY. 16.01 Section 1. Seniority for each regularly paid employee who has been employed as such for six (6) months within a period of twelve (12) consecutive months under this Agreement shall begin as of the first day of such employment unless his or her seniority has been broken as hereinafter in Section 3 provided. If his or her seniority has been broken and he or she is defined as re-employed then and in that event his or her seniority after having been re-employed for a period of six (6) months within a period of twelve (12) consecutive months, shall begin on the employee's hours first date of re-employment after his or her most recent loss of seniority hereunder.
Section 2. When making a reduction in the number of employees due to the lack of work since and when re-hiring, the employee's most recent date of hire, and following procedure shall accumulate based on straight-time hoursgovern:
(a) Employees who have not established seniority with the Cooperative shall be laid off first.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
(b) paid vacation;
c) leave while Thereafter, employees shall be laid off in receipt the inverse order of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate their established seniority.
16.05 (c) The foregoing provisions of (a) and (b) need not apply when the application thereof would result in the Cooperative being required to lay off employees possessed of skill essential to properly perform the work available at the time of the layoff not possessed by employees having greater seniority.
(d) When adding employees, those having established seniority most recently laid off on account of an employee curtailment of work shall be lost the first among those holding seniority to be re- employed, if available, and employment automatically terminated physically able to return to work, providing they have the qualifications required.
Section 3. Seniority shall be deemed to have been broken for any of the following reasons:
(a) If the employee quits;resigns.
(b) the employee retires;
c) If the employee is discharged for just cause and is not reinstated;cause.
d(c) If the employee is absent from work without permission authorized leave except when satisfactory reasons for more than three his or her absence are given.
(3d) consecutive working days or more unless If an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee who has been laid off fails to return to work without an acceptable reason immediately within three (3) days after the Employer has been being properly notified by certified mail to report for work and does not give a physician, satisfactory reason for failing to report within this three (3) day period.
(e) If an insurer or WorkSafeBC that the employee is able to return to work;
hlaid off for twelve (12) consecutive months, he or she shall, however, not lose his or her seniority if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post said seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.exceeds twelve
Appears in 1 contract
Samples: Clerical Union Contract
SENIORITY. 16.01 Seniority is defined as an Employee's length of service with the employee's hours of work Employer, since the employeeEmployee's most recent date of hire, and shall accumulate based on straighthire as a Regular Full-time hoursor Regular Part-time Employee.
16.02 StraightSeniority lists shall be established as follows:
(1) Where two or more employees' service commences on the same day, their seniority shall be determined at a Union meeting by lot with the person picked first having the most seniority. The employees and the Union Representative shall have the right to be present to witness the procedure. The Union shall provide the Employer with a signed copy of the names in order of seniority.
(2) A seniority list, showing the names, seniority status and classification of all regular full-time hours for and regular part-time employees, shall be prepared by the purposes Employer. After consultation with, and the approval of, the Executive of this Article the Union, a copy of the seniority list as finally approved shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt be initialed by a representative of wagethe Union and the Director of Human Resources or designate. Such lists shall be conclusive evidence of the seniority of regular full-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22time and regular part-time employees, subject to the right of the Employee to bring errors to the attention of the Employer and the Union and have the agreed error corrected. The said list shall be revised every year. A copy of said list is to be forwarded to the Union every year by January 30th.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The Employee's seniority of an employee shall will be lost (and the Employee's employment automatically terminated for any of the following reasonstherefore terminated) when:
(a) the employee quits;
b) the employee retires;
c) the employee Employee is discharged for just cause and is not reinstated;
d(b) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permissionEmployee resigns;
e(c) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee Employee fails to return to work without an acceptable reason immediately while on recall within seven (7) days after the Employer notification has been notified by a physician, an insurer or WorkSafeBC that sent to the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered Employee by registered mail to the employee's home addressdo so, unless through sickness or other just cause. Such mailing It shall be to the last address duty of the employee to keep the employer informed of his/her medical condition and current address;
(d) the Employee is laid off for more than one (1) year;
(e) the Employee retires with the understanding that effective January 1, 2003 the Employer has in its files date of retirement for that employee and such mailings all employees shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six day in which the employee turns sixty-five (665) months. Employees who wish to question their seniority must do so within years of age or thirty (30) days thereafter, at the discretion of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an further that the employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according provide reasonable notice to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rightsof their intended date of retire.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 Seniority is defined as the employee's hours of work since the employee's most recent date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 . Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 16.02 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 16.03 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
(a) the employee quits;
(b) the employee retires;
(c) the employee is discharged for just cause and is not reinstated;
(d) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
(e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
(f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
(g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
(h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 16.04 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 16.05 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 16.06 It is understood service with the Armed Forces of Canada in time of war or compulsory military serviceservice or Reservist Leave, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 Seniority is defined as 13.01 In the employee's hours event of work since a layoff, the employee's most recent date principle of hireseniority shall govern, provided the employees retained are qualified to perform the available work.
13.02 In the event of a layoff, if a senior employee wishes to transfer to another job, and shall accumulate based on straight-time hoursthe Employer feels that the senior employee has the ability to perform the normal requirements of the job in an efficient and competent manner then arrangements for such transfer will be made wherever possible.
16.02 Straight-time hours 13.03 In promotions, other than appointments to supervisory positions, preference shall be given to those employees having the longest service, provided always that the senior employees in question have the ability to perform the normal requirements of the job in an efficient and competent manner.
13.04 An employee will be considered temporary for the purposes of this Article first ninety (90) days and will have no seniority rights during that period. After ninety (90) days' service, his seniority shall also include:
a) paid holidays;
b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22date back to the day on which his employment began.
16.03 Seniority can 13.05 Any employee who has been laid off for a continuous period of twelve months or more will lose any previously acquired seniority and will be rehired only be accumulated to as a maximum of 1,950 hours per yearnew employee.
16.04 13.06 Any employee who has been laid off, but who still retains his seniority, and who is notified to return to work, will lose his seniority unless he notifies the Employer within five (5) days that he is intending to return to work, and unless he returns to work as soon as possible after receiving notice, and in any event, within seven (7) days after the mailing or other communication of such notice.
13.07 An employee who accepts a temporary assignment shall lose his seniority standing if he voluntarily quits his employment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee Employer, if he is discharged for just cause and is not reinstated;
d) reinstated pursuant to the employee provisions of Article 8; or if he is absent from work without permission leave unless there was reasonable justification for more than three (3) consecutive working days or more unless an explanation satisfactory such absence.
13.08 Any employee's reinstatement after sick leave will be conditional on his supplying when requested, a certificate from a physician that he was ill and is now fully recovered from the sickness which caused his absence.
13.09 Seniority as referred to in this Agreement shall mean length of continuous service in the employ of the Employer in Sault Ste. Xxxxx and Blind River and shall be on a departmental basis.
13.10 Seniority lists will be revised January 1st and July 1st of each year. A copy of the Iist will be posted in the plant and a copy forwarded to the Employer is given by the employee for both the absence and the failure Union. Unless objected to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without an acceptable reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so within thirty (30) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority such list shall be deemed correct. Such information shall to be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashionconclusive.
16.07 Where 13.11 In the event that an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according covered by this Agreement should be promoted to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee or confidential position beyond the scope of this Agreement he shall retain the seniority previously acquired and shall continue to accrue seniority for a period of 3 months. Thereafter, he shall only be allowed to return back to the bargaining unit with his previous bargaining unit seniority providing it does not constitute a break result in the continuous service and shall not affect an lay-off of a bargaining unit employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 (a) Seniority is defined as length of unbroken, continuous employment with the employee's hours of work Employer in the Bargaining Unit, since the employee's most recent last date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for (b) Seniority shall not apply during the purposes probationary period; however, once the probationary period has been completed, seniority shall be credited from the seniority date established pursuant to Article 9.0l(a).
9.02 Seniority will accumulate during any paid absence on the basis of this Article the Employee's normal work routine.
9.03 Seniority shall also includebe considered in determining the following:
(a) paid holidays;
b) paid vacation;
c) leave while in receipt preference of wage-loss benefits under the
d) paid sick leavevacation time; and
e(b) approved leaves under layoffs and recalls (order);
(c) job postings; and
(d) xxxxxxxxxx, as per Article 2211.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 9.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The lose all her seniority of an employee and her employment shall be lost and employment automatically deemed to be terminated for any of the following reasonsif she:
(a) the employee quits;
b) the employee voluntarily resigns or retires;
c(b) the employee is discharged for just cause and is not reinstatedreinstated through the grievance or arbitration procedure;
(c) is absent on three consecutive days on which she is assigned to work, without providing a satisfactory reason;
(d) the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory to the Employer is given by the employee for both the absence and the failure to request permission;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes uses a leave of absence for purposes a purpose other than those that for which it was granted;
g(e) the employee fails to return to work upon receipt of notice to recall within five (5) calendar days of receipt of a registered letter of recall;
(f) overstays a Leave of Absence without an acceptable reason immediately after the express permission of the Employer or without providing a satisfactory reason to the Employer7.
(g) has been notified by a physiciansubmitted an availability form and has accepted clients on the assignment list, an insurer then later refuses or WorkSafeBC that cancels the employee is able to return to work;
h) if client assignment without permission from the employee is recalled to work Employer and fails to return within has had four (4) days such refusals/ cancellations in a twelve (12) month period.
9.05 Seniority lists showing the ranking of being telephoned or having notice employees on a bargaining unit wide basis shall be prepared twice annually and posted by January 1st and July 1st. Copies of recall delivered by registered mail the seniority list shall be provided to the employee's home addressUnion office. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings Seniority as posted shall be deemed to have been received by be final and not subject to complaint unless such complaint is made in writing to the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every six (6) months. Employees who wish to question their seniority must do so Human Resources Manager, or designate, within thirty (30) calendar days of such posting. If no challenge is made within thirty (30) days, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, and will be provided securely in an agreed upon fashion.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time date of re- employment, according to regulations applying to new employeesposting.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 Seniority 9.01 Upon successful completion of the probationary period an employee shall be credited with seniority as provided in this agreement. For the purposes of this agreement seniority is the length of continuous employment in the bargaining unit based on the employees last date of hire with the Company in the bargaining unit.
9.02 A new employee shall establish seniority as defined as above upon successful completion of a probationary period of six (6) months or 754 hours whichever is greatest and such seniority shall be effective from the employee's hours of work since the employee's most recent date of hire, .
9.03 An employee shall lose his seniority and shall accumulate based on straight-time hours.
16.02 Straight-time hours for the purposes of this Article shall also includebe deemed terminated if he:
(a) paid holidaysis duly discharged by the Company and is not reinstated through the grievance and arbitration procedure contained in the Agreement;
(b) paid vacation;
c) leave while in receipt of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee voluntarily quits;
b) the employee , resigns or retires;
(c) is subject to the employee is discharged for just cause applicable provisions of Article 20 – Xxxxxx and is not reinstatedXxxxxx;
(d) the is a part-time employee who has not been scheduled to work for a period of six (6) months;
(e) is absent from work without permission an approved leave of absence for more than three (3) consecutive working days or more unless an explanation a satisfactory to the Employer reason is given by the employee for both employee. Sickness and/or proven inability to communicate with the absence and the failure to request permissionCompany shall be considered a satisfactory reason;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
(f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails to return to work without on the completion of an acceptable authorized leave of absence unless a satisfactory reason immediately after the Employer has been notified by a physician, an insurer or WorkSafeBC that the employee is able to return to work;
h) if the employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail to the employee's home address. Such mailing shall be to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received given by the employee. Sickness and/or proven inability to communicate with the Company due to that sickness or a force majeure shall be considered a satisfactory reason; or
(g) has his RAIC (Restricted Area Identification Card) revoked by WAA or Transport Canada preventing the individual to perform his work.
16.06 The Employer agrees to post seniority lists for 9.04 Employees from within the bargaining unit who accept a position with the Company which places them outside of the bargaining unit shall continue to accumulate seniority for a period of twelve (12) calendar months. Said employees every six may be returned at management's discretion, to the bargaining unit and their former job at any time during the twelve (612) monthsmonth period. Employees who wish remain outside of the bargaining unit beyond the twelve (12) month time limit shall keep the seniority they had immediately prior to question their leaving the bargaining unit in the event they eventually return to the bargaining unit but shall not in such cases accumulate any seniority must do so within thirty for the time period that they were outside of the bargaining unit beyond the twelve (3012) days of such posting. If no challenge is made within thirty (30) days, the employee's seniority month limitation.
9.05 No new employees shall be deemed correcthired by the Company so long as there are qualified part-time employees who meet operational demand who are able and willing to perform the work required, or so long as there are employees who are on layoff status who are able and willing to perform the work required.
9.06 The Company shall give two (2) weeks' notice in writing or two (2) weeks' pay in lieu thereof, to any employee whose status is to be changed by the Company from full-time to part-time.
9.07 The Company shall provide the Union in January and July of each calendar year with an up-to-date seniority list of all full-time and all part-time employees covered under the terms of the Collective Agreement. Such information Copies of the seniority list shall also be given to the Shop Stewards and a copy shall be provided posted on the bulletin board located on the Company's premises.
9.08 Seniority shall be the governing factor in electronic formatall matters of promotion, such as Microsoft Excelawarding of a new full-time position or vacancy, and will recall after layoff, providing the more senior employee has the qualifications and ability to be provided securely in an agreed upon fashionable to perform the work required.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Agreement
SENIORITY. 16.01 8.01 Seniority, as referred to in this Agreement, shall mean the length of continuous service of an employee covered by Appendix A or as a full-time Arena Attendant or as a full-time Transit Driver.
8.02 After an employee completes their probationary period, their seniority shall date back to the first day of continuous employment with the Employer.
8.03 Seniority is defined as the employee's hours of work since the employee's most recent date of hire, and shall accumulate based on straight-time hours.
16.02 Straight-time hours for under the purposes of this Article shall also includefollowing circumstances:
a) paid holidaysWhen the employee is on the active payroll of the Employer
b) When the employee is off the payroll due to an authorized layoff for not more than eighteen (18) months;
c) When the employee is off the payroll due to an accident and when the employee is receiving compensation under the Workplace Safety and Insurance Board Act and when the employee has not accepted employment with another employer;
d) When the employee is off the payroll on any leave-of-absence authorized by the Employer and/or under the provisions of this Agreement.
8.04 An employee shall lose all seniority and will be deemed to have voluntarily resigned when:
a) Is absent, with or without report to the Employer, for five (5) successive working days without sufficient cause;
b) paid vacationIs terminated and not reinstated;
c) leave while in receipt Is off payroll for a continuous period for more than eighteen (18) months as a result of wage-loss benefits under the
d) paid sick leave; and
e) approved leaves under Article 22.
16.03 Seniority can only be accumulated to a maximum of 1,950 hours per year.
16.04 An employee who accepts a temporary assignment with the Employer outside the bargaining unit shall continue to accumulate seniority.
16.05 The seniority of an employee shall be lost and employment automatically terminated for any of the following reasons:
a) the employee quits;
b) the employee retires;
c) the employee is discharged for just cause and is not reinstatedlayoff;
d) Fails to report to work within five (5) working days after having been notified of a recall to work following a layoff unless the employee is absent from work without permission for more than three (3) consecutive working days or more unless an explanation satisfactory has a reason acceptable to the Employer is given by the employee for both the absence and the failure to request permissionEmployer;
e) the employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the appropriate Director, unless an explanation satisfactory to the Employer is given by the employee for both the need for the extension and the failure to request same;
f) the employee utilizes a leave of absence for purposes other than those for which it was granted;
g) the employee fails Fails to return to work without an upon termination of authorized leave-of- absence unless the employee has a reason acceptable reason immediately after to the Employer has been notified by - such failure shall be considered a physicianvoluntary termination.
(a) No employee shall be transferred to a non-unionized position outside the Bargaining Unit without his/her consent. If an employee is transferred to such a position outside the Bargaining Unit, an insurer or WorkSafeBC that the employee is able shall retain accumulated seniority but will not accumulate further seniority. Such employee has the right to return to work;
ha position in the Bargaining Unit, provided he/she has sufficient seniority from prior accrual to do so, during his/her trail period which shall be a maximum of ninety (90) if the consecutive working days. If an employee is recalled to work and fails to return within four (4) days of being telephoned or having notice of recall delivered by registered mail returns to the employee's home addressBargaining Unit, he/she shall be placed in a job consistent with his/her seniority and ability. Such mailing return shall not result in the layoff or bumping of an employee with greater seniority.
(b) The Employer retains the right to temporarily transfer employees to positions within another CUPE. -115 bargaining unit or alterative positions within their current bargaining unit. A temporary transfer shall be defined as a period of time not to the last address of the employee that the Employer has in its files for that employee and such mailings shall be deemed to have been received by the employee.
16.06 The Employer agrees to post seniority lists for bargaining unit employees every exceed six (6) monthscalendar months in the calendar year. Employees The Employer with the agreement of the Union, may extend the temporary transfer to seven (7) months in a calendar year. During the period of temporary transfer under this Article, the employee shall retain their current rate of pay or the rate of pay for the new position, whichever is higher. In the event of a temporary transfer between CUPE -115 bargaining units, any employee so transferred will be covered by the terms and conditions of the collective agreement under which the temporary position is covered and will continue to accrue seniority within their regular bargaining unit during the period of temporary transfer. If the employer affects a layoff within a bargaining unit, any employee who wish has been temporarily transferred in to question the affected bargaining unit will be returned back to their regular bargaining unit prior to such layoff. In the event the Employer temporarily transfer employee(s) to another bargaining unit, the Employer will determine from which division(s) such transfers will occur. Transfer will be offered to employees within this division and qualified to do the required work, on a voluntary basis seniority must do to govern. If there are insufficient volunteers, the most junior qualified employee(s) in the division will be transferred. The employer may consider the employee=s preference. For clarity, the following are divisions under this collective agreement; as identified in Appendices A, B, C. Temporary transfer will not be made into any bargaining unit or division where there are employees from the unit or division on layoff with recall rights.
8.06 The employer shall maintain a Seniority List showing the date upon which each employee=s service commenced. A list showing seniority of all employees shall be sent to the Union and posted on all bulletin boards in January and July of each year.
8.07 An employee shall be paid the rate for the classification to which the employee is assigned for all hours so within thirty (30) days assigned, provided the employee is qualified to perform the duties of such postingclassification and provided the assignment is for more than one (1) hour, unless the assignment is to a lower rated classification for the convenience of the employer, in which case the employee shall maintain their rate of pay. If no challenge is made within thirty (30) daysThe employer agrees to pay employees designated to replace the sub-xxxxxxx in the asphalt, concrete, sewer, and water distribution crews only, the employee's seniority shall be deemed correct. Such information shall be provided in electronic format, such as Microsoft Excel, applicable sub-xxxxxxx rate of pay and will be provided securely in an agreed upon fashionnot the lead hand premium.
16.07 Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re- employment, according to regulations applying to new employees.
16.08 It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
