Common use of SENIORITY Clause in Contracts

SENIORITY. Seniority shall be defined as the employee's length of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.

Appears in 2 contracts

Samples: Bargaining Agreement, Bargaining Agreement

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SENIORITY. Seniority shall be defined as the employee's worker’s length of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date and hour on which the employee worker first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacationpaid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. An employee A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • quit; Discharge; Failure to report to work after a layoffLayoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) calendar days after written notice of recall issent is sent to the address that was last provided by the employee • worker; Layoff which either extends: extends (a) in excess of six twenty-four (624) consecutive months, or (b) for the period of theemployee's the worker’s length of service, whichever is less less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. Seniority shall be defined as total years of continuous employment, as a member of the bargaining unit, with The District School Board or its Continuous employment shall include all absences due to illness or injury as compensated by The seniority list shall consist of the names of all members of the bargaining unit in decreasing order of years of seniority based upon date of hire. Employees shall notify the Board, within thirty (30) days, of any changes to their current home address and or current home phone number. The order on the seniority list as published Jan. shall not be changed and this order shall be utilized when applying the seniority concept to promotions, transfers and job posting procedures. Effective November if the date of hire of two or more persons is the same, the order on the seniority list shall be determined by lot, conducted by the Union Management Committee. The seniority list shall be posted on the bulletin board in each location, during the months of March and October of each year and copies shall be provided for the and Recording Secretary of the Union. Within thirty (30) days of the posting of the seniority list, any errors or omissions in the seniority list shall be reported to a shop xxxxxxx who shall be responsible for the presentation of the concern, to Human Resources, within sixty (60) days from the posting. An employee who leaves the bargaining unit on an approved leave, may do so for a maximum of one (1) year. The employee shall maintain seniority during the period of absence. Such employee however shall not accumulate bargaining unit seniority during the period of absence and shall continue to pay union dues. On return from leave, an employee will be assigned to the employee's length same position, or if said position no longer exists, the employee will be governed by the provisions of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with Article effective the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive employee's scheduled return to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreementwork. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If When an employee is hired into absent from work for up to months due to illness, disability, or both, the following terms and conditions apply: The employee will continue to accumulate seniority for thirty (30) months from the commencement of the Should an onemployee be absent from work due to illness, disability or both for a period greater than months, the following conditions apply: Seniority Thirty months after the commencement of the the employee's seniority will be frozen, and will cease to accumulate. Each year in the month of October the employee's name will move down the seniority list to the top of the next lower year. The first move down the seniority list will be made during the regular semi-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their annual seniority date list revision immediately after expiration of the mentioned thirty months. Subsequent moves shall be the date the employee was awarded the regularpositionmade annually thereafter. If an employee’s status changes from full-time, part-time or casual Seniority will start to on-call (except due accumulate upon return to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority datework.

Appears in 2 contracts

Samples: negotech.labour.gc.ca, negotech.labour.gc.ca

SENIORITY. Seniority shall be defined as the employeeThe Employee's length of continuous service for the purpose of determining seniority rights shall be deemed to commence on the first day of said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving the service of the Employer or an employee discharged for just cause shall lose all seniority rights. Failure to report to work for four successive working days without a reasonable excuse therefore shall be considered equivalent to voluntarily leaving the service of the Employer, but before any employee is discharged for any failure to report, the Shop Xxxxxxx must be notified. All seniority rights will be terminated for an employee who is laid off in excess of his recall rights as established by the following scale:  seniority over ninety (90) calendar days and up to two (2) years - recall rights equal two (2) years;  seniority over two (2) years and up to ten (10) years - recall rights equal four (4) years;  seniority over ten (10) years - recall rights equal five (5) years. If at any time fewer employees shall be needed, employees shall be laid off in the inverse order of their seniority considering also ability and competency for the job. When there is not sufficient work for forty (40) hours for all employees the Employer agrees as far as possible to arrange the work schedules so that the senior employee shall have forty (40) hours work. When the Employer again adds to the number of employees, those laid off shall be re-employed in the order of their seniority (seniority number) considering also ability and competency for the job. All jobs will be posted annually during the month of January. All positions must be filled by qualified employees on staff. In the filling of advertised vacancies, the Employer shall consider the senior applicant with the competence and the ability to do the job. The successful applicant shall be given a fair trial period of up to thirty (30) days. Necessary job instruction will be given during such trial period, and if they fail to perform in accordance with the employers requirements, they shall be returned to their former position and standing, except that if the job to which they have bid proves unsatisfactory, the employee, within fifteen (15) days from commencing new job, may request to be returned to his former position, which request will be given consideration by the Company. The Employer will advertise vacancies for five (5) working days. The Union shall have the opportunity to discuss with the Employer the filling of advertised vacancies prior to actual selection, if the senior applicant is not selected. The Employer will decide in its sole discretion whether or not any classification or vacancy will be filled. An employee who transfers to a regular full-time, part-time or casual supervisory position in the Company and who is subsequently returned to a position in the bargaining unit commencing with the date on which the employee first began work in within a bargaining unit position ninety (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority 90) day period shall be retroactive returned to their first day of work his former position and standing in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the without loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateseniority.

Appears in 2 contracts

Samples: www.sdc.gov.on.ca, sp.ltc.gov.on.ca

SENIORITY. Seniority shall be defined as the employee's worker’s length of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date and hour on which the employee worker first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacationpaid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. An employee A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • quit; Discharge; Failure to report to work after a layoffLayoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) calendar days after written notice of recall issent is sent to the address that was last provided by the employee • worker; Layoff which either extends: extends (a) in excess of six twenty-four (624) consecutive months, or (b) for the period of theemployee's the worker’s length of service, whichever is less less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. Seniority shall be defined as the an employee's ’s length of continuous service with the Employer in (or any predecessor acquired by the Employer) or facility, whichever is greater, regardless of whether there was a regular full-time, part-time or casual position in collective bargaining agreement covering the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)facility. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful After completion of the probationary periodperiod described in Article 2, an employee shall attain seniority as of his/her original date of hire. Seniority shall be broken by any of the workerfollowing events: • Resignation, retirement or voluntary termination; • Discharge for just cause; • Voluntary promotion into a non-bargaining unit position, unless an employee returns to the bargaining unit within six (6) months of the promotion in which case the employee’s seniority shall be retroactive to their first day of work fully restored less any time spent in the non-bargaining unit position, and shall accrue during his/her/their continuous ; • Inactive employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any reason other than authorized leaves of the following reasons: • Voluntary quit • Acceptance absence exceeding six (6) months or an employee’s length of a position with the Employer that seniority, whichever is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause less; • Failure to report to work after a layoff, within ten seven (107) calendar days after from the date a recall notice is mailed to the employee’s most recent address appearing in the employee’s records unless prior written notice of recall issent to the address that was last provided is received and approved by the Employer; or • Failure to return to work after any leave of absence scheduled date for return unless prior written notice is received and approved by the Employer. Seniority shall not be considered broken by virtue of military service leave regardless of length of absence. Within the bargaining unit, assignments, promotions, and the filling of vacancies shall be determined on the basis of seniority, provided that, in the reasonable opinion of the Employer, the Employee is qualified, suitable and available to work. Seniority shall be determinative when, and only when, all other job related factors are equal. In cases where there is joint scheduling or regular interchange of employees amongst multiple buildings that are part of a single client, multiple buildings will be treated as "a building" for purposes of layoff, OT Scheduling, and Job Posting. In the event of a layoff due to a reduction in force in a building, the inverse order of classification seniority shall be followed, provided, however, that for the purpose of this paragraph, seniority shall be based on total length of service in the building. An employee • Layoff which either extends: who is laid off shall not be permitted to bump a less senior Employee at another facility or location. However, the laid off Employee shall have the right, for three (a3) months to fill positions within the Employee’s classification that may become available at the same account or location or at other accounts or locations subject to this Agreement, provided in excess the reasonable opinion of the Employer the Employee is qualified, suitable, and available to work. To the extent practical, all employees who have at least six (6) consecutive months, months or more seniority shall receive two (b2) for weeks (ten [10] working days) notice from the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any Employer of the reasons outlined above shall be considered as a new employee if the Employer again employs him or herEmployer’s intention to lay them off. The failure of the Employer to rehire said workerafter the loss of seniority Laid off employees shall not be subject permitted to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an bump a less senior employee is hired into an on-call or temporary position and later is awarded a regular full- timeat another facility, part-time or casual position, his/her/their seniority date but shall be the date permitted to apply for a vacant position at another site. If there are no such vacant positions, the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual shall be permitted to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine exercise his/her adjusted seniority datefor a position which becomes available consistent with the Job Vacancies, Transfers and Career Advancement Article 23. The Employer will give first consideration in filling vacancies to employees on the recall list who are qualified and available.

Appears in 2 contracts

Samples: Security Contractors Agreement, Security Contractors Agreement

SENIORITY. Seniority shall be defined determined by rank and continuous service in each department of the City of New Smyrna Beach as the employee's well as length of continuous service with the Employer City calculated from the date of employment. Citywide seniority shall apply to accrual of all benefits and to promotional vacancies. Continuous service shall only be broken by resignation, discharge, retirement, leaves of absence without pay of thirty-one (31) days or longer, or for family medical leave excluding time taken, unless a special exception is made by the City Manager. Employees with the same date of employment shall be assigned to the seniority list in a regular full-timeorder to their rank, part-time or casual position or, in the bargaining unit commencing with the date case of equivalent rank, in order of their ranking on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but applicable eligibility lists. Each department shall maintain any previously accrued seniority)a current seniority list. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority The list shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered used whenever called for by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions specific sections of this Agreement. Adjusting OnThe Union representative will periodically be furnished with the list. Annual leave dates shall be selected by bargaining unit personnel according to seniority in the Division, subject to approval by the Department Head. Annual leave will be selected once a year by the employee in accordance with the procedure established by the Department Head. Any remaining dates which have not been selected during the initial selection process will be assigned on a first come, first serve basis. In the event of a vacancy in any division, unit or shift (not promotional vacancy), seniority will be given reasonable consideration, but will not be the determining factor. In the case of reduction (lay-Calloff), the City shall consider such factors as an employee's skill, ability, efficiency, and performance. Where such factors as skill, ability, efficiency, and performance are otherwise equal, City seniority shall be the determining factor. No new employee shall be hired until the laid off employee has been given an opportunity to return to work for a period of up to twelve (12) months from the date of the lay-off. The last employee laid off shall be the first recalled. To be eligible for recall, the employee must pass the physical exam and have maintained their certification. The employee will be notified by certified or registered mail of his/Temporary Employee Seniority Dates her recall and must return to work within twenty-one (21) calendar days. During the first seven (7) workdays, the employee must notify the City of his or her intentions for re-hire and the City and the employee must make arrangements for the employee to take and pass the physical exam. Failure to respond to the recall notice within seven (7) workdays (excluding Saturdays, Sundays, and holidays), or failure to pass the physical, or failure to maintain one's certification, will result in forfeiture of recall rights. Notification of recall will be made to the employee's last known address as shown on City personnel records. The employee must notify the City of any change of address in order to maintain recall rights. The City is required to recall an employee only to the classification he/she previously held in a regular status position. If an employee is hired into an on-call or temporary position and later is awarded refuses a regular full- time, part-time or casual position, hisjob with the City in any classification in which he/her/their seniority date shall be she was previously employed by the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff)City, he/she/they she shall lose the recall right. Probationary employees shall have no rights under this provision, nor will any employee laid off with prejudice. Exemptions to the recall procedure can be made if the Department Head ascertains that another individual has a special skill that is not accrue seniority while duplicated in the on-call position but will maintain rest of the work force. An employee's seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine hisshall entitle him/her adjusted seniority dateonly to such rights as are expressly provided in this Agreement. Accumulation: Seniority shall accumulate during absence because of illness, injury, vacation, or other authorized leave except as provided in paragraph one of this section.

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

SENIORITY. Seniority shall be defined as the employeeThe Employee's length of continuous service with for the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue purpose of determining seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority rights shall be retroactive deemed to their commence on the first day of work in the bargaining unit position, and shall accrue during his/her/their continuous said employee's employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacationwhich continued for at least ninety (90) calendar days. An employee shall lose accumulated seniority and seniority shall be broken for any voluntarily leaving the service of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge or an employee discharged for just cause shall lose all seniority rights. Failure to report to work after for four successive working days without a layoffreasonable excuse therefore shall be considered equivalent to voluntarily leaving the service of the Employer, within but before any employee is discharged for any failure to report, the Shop Xxxxxxx must be notified. All seniority rights will be terminated for an employee who is laid off in excess of his recall rights as established by the following scale: • seniority over ninety (90) calendar days and up to two (2) years - recall rights equal two (2) years; • seniority over two (2) years and up to ten (10) calendar days after written notice years - recall rights equal four (4) years; • seniority over ten (10) years - recall rights equal five (5) years. If at any time fewer employees shall be needed, employees shall be laid off in the inverse order of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) their seniority considering also ability and competency for the period of theemployee's length of service, whichever job. When there is less A worker whose seniority is lost not sufficient work for any of forty (40) hours for all employees the reasons outlined above Employer agrees as far as possible to arrange the work schedules so that the senior employee shall be considered as a new employee if have forty (40) hours work. When the Employer again employs him or heradds to the number of employees, those laid off shall be re-employed in the order of their seniority (seniority number) considering also ability and competency for the job. All jobs will be posted annually during the month of January. All positions must be filled by qualified employees on staff. In the filling of advertised vacancies, the Employer shall consider the senior applicant with the competence and the ability to do the job. The failure successful applicant shall be given a fair trial period of up to thirty (30) days. Necessary job instruction will be given during such trial period, and if they fail to perform in accordance with the Employer employers requirements, they shall be returned to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary their former position and later is awarded a regular full- timestanding, part-time or casual except that if the job to which they have bid proves unsatisfactory, the employee, within fifteen (15) days from commencing new job, may request to be returned to his former position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date request will be adjusted given consideration by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.the Company. The Employer will advertise vacancies for five

Appears in 2 contracts

Samples: sp.ltc.gov.on.ca, www.sdc.gov.on.ca

SENIORITY. Seniority shall be defined as the an employee's length of continuous full-time service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)rank. Seniority shall not accrue be retroactive to probationary employees during the probationary period. Howeverdate of appointment to a rank, at the upon successful completion of the applicable probationary period. If more than one appointment is made to a rank on the same day, the worker’s following shall apply: • If the appointments were made from an eligibility list, seniority shall be retroactive to their first day of work in the bargaining unit positionorder of the placement on the list. • If the appointments were not from an eligibility list, seniority in the new rank shall be in the same order as length of continuous full-time service in the Department. For the purpose of seniority, continuous service shall not be reduced or broken by any paid leave or by unpaid leave of up to thirty (30) calendar days, or for any call to military service for the duration of such service. In the case of an unpaid leave of more than thirty (30) calendar days, including but not limited to leave under the Family and Medical Leave Act, seniority shall not accrue during his/her/their but shall be bridged in the case of an approved leave of up to one year, excluding any call to military service for the duration of such service which shall count towards continuous employment service. In the event of a staff reduction due to the abolishment of positions within the police department, the employee(s) with the Employer within least seniority in the bargaining unit covered by this Agreementrank of the position(s) to abolished shall be the first to be laid off in such that rank. Seniority shall accrue and not be lost during a worker’s vacationThe displaced employee may elect to displace the least senior employee in the immediate subordinate rank. An employee shall lose accumulated whose seniority and seniority does not allow for displacement to a subordinate rank shall be broken for any laid off. In the event of the following reasons: • Voluntary quit • Acceptance abolishment of a position the rank of police officer, the employee with the Employer that is outside least seniority in the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice rank of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date police officer shall be the first to be laid off. For purposes of layoff, the rank of Police Officer shall include all premium pay positions An employee who is laid-off or is displaced in rank shall be placed on a recall list to the position from which laid-off or displaced. The employee shall be removed from the recall list if the employee's certification lapses or refuses an appointment from such list. Individuals on a recall list shall have preference for appointment over individuals on a police officer or promotional eligibility list. An employee on a lay-off list for the rank of police officer shall remain on such list for a two-year period form the date of layoff unless otherwise removed as provided above. A laid-off employee shall, at their option, be appointed as a Town of Greenwich special police officer so as to maintain their certification. „l g? Dated: Greenwich, Connecticut edit-644-4. 023/ o SILVER SHIELD ASSOCIATION, INC. By: Lt. Xxxxx Xxxxxxx, President By. in X'Xxxxxx, Vice President TOWN OF GREENWICH By: By: Xxxxx X. Xxxxx, 'first (electman Xxxxxx X. ` .xxx, Director of Labor Relations Silver Shield/Town of Greenwich 2017-2021 Effective July 1, 2017, the employee was awarded the regularposition. If an annual wage rates shall be as follows: Rank/Title Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer $66,004 $70,147 $74,308 $78,463 $82,973 $67,039 $71,184 $75,345 $79,586 $68,075 $72,229 $76,388 $80,720 $69,113 $73,269 $77,423 $81,843 Marine Officer Traffic Enforcement Officer $85,495 Accident Car Officer Dispatcher $86,758 Technician $88,022 Detective CIO SRO Master Police Officer Detective First Grade $91,640 Sergeant $95,256 Lieutenant $109,385 Effective July 1, 2017, each Police Officer who is not at maximum and is eligible for step advancement based on that employee’s status changes from full-timeservice with the Police Department shall be advanced one step on the above wage schedule. Effective July 1, part-time or casual to on-call (except due to layoff)2018, hethe annual wage rates shall be as follows: Rank/she/they will Title Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer $66,994 $71,199 $75,423 $79,639 $84,217 $68,045 $72,252 $76,475 $80,780 $69,096 $73,313 $77,534 $81,931 $70,150 $74,368 $78,584 $83,071 Marine Officer Traffic Enforcement Officer $86,778 Accident Car Officer Dispatcher $88,059 Technician $89,342 Detective CIO SRO Master Police Officer Detective First Grade $93,014 Sergeant $96,685 Lieutenant $111,026 Effective July 1, 2018, each Police Officer who is not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date at maximum and is eligible for step advancement based on which the that employee’s status changed to on-callservice with the Police Department shall be advanced one step on the above wage schedule. If such employee Effective July 1, 2019, the annual wage rates shall be as follows: Rank/Title Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer $68,301 $72,587 $76,894 $81,192 $85,860 $69,372 $73,661 $77,966 $82,355 $70,443 $74,742 $79,046 $83,529 $71,517 $75,819 $80,116 $84,690 Marine Officer Traffic Enforcement Officer $88,470 Accident Car Officer Dispatcher $89,777 Technician $91,084 Detective CIO SRO Master Police Officer Detective First Class $94,828 Sergeant $98,570 Lieutenant $113,191 Effective July 1, 2019, each Police Officer who is later awarded a regular full-timenot at maximum and is eligible for step advancement based on that employee’s service with the Police Department shall be advanced one step on the above wage schedule. ANNUAL WAGE RATES (GWI 2.05%) Effective July 1, part-time or casual position again2020, histhe annual wage rates shall be as follows: Rank/her/their seniority date will Title Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer $69,701 $74,075 $78,470 $82,857 $87620 $70,794 $75,171 $79,565 $84,044 $71,888 $76,275 $80,666 $85,241 $72,984 $77,373 $81,759 $86,427 Marine Officer Traffic Enforcement Officer $90,284 Accident Car Officer Dispatcher $91,617 Technician $92,952 Detective CIO SRO Master Police Officer Detective First Class $96,772 Sergeant $100,591 Lieutenant $115,511 Effective July 1, 2020, each Police Officer who is not at maximum and is eligible for step advancement based on that employee’s service with the Police Department shall be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.advanced one step on the above wage schedule NOTES

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. Seniority shall be defined means the relative ranking of employees as the employee's length deter- mined by their respective lengths of continuous accumulated service since their last date of hire with the Employer in a regular full-time, It is understood that seniority accumulation for part-time or casual position employees shall be based on hours worked. Part-time employees will accumulate seniority on the basis of one year's seniority for each hours worked in the bargaining unit commencing with as of the last date of hire, except as otherwise provided herein. Seniority will operate on which the employee first began work in a bargaining unit position (on-callwide basis. Notwithstanding the above, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue hired prior to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall October will be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment credited with the Employer within seniority they held under the bargaining unit covered by Agreement expiring November and will thereafter accumu- late seniority in accordance with this AgreementArticle. Seniority shall accrue For purposes of accumulation of seniority, transfer of sen- iority and not be lost during a worker’s vacation. An employee shall lose accumulated seniority service, progression on the wage grid and progression on the vacation schedule, all part-time employees' service and seniority shall be broken for any converted as at October IO, on the fol- lowing basis: Employees' hours of service x = Converted hours of service 4 PREGNANCY LEAVE leave will be in accordance with the provisions of the following reasons: • Voluntary quit • Acceptance Employment Standards Act, except where amended in this provision. The service requirement for eligibility- for pregnancy leave shall be thirteen weeks of continuous service. The employee shall give written notification at least two weeks in advance of the date of commencement of such leave and the expected date of return. At such time she shall also furnish the Hospital with the certificate of a position with legally qualified medical practitioner stating the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure expected birth date. The employee shall reconfirm her intention to report return to work after on the date originally approved in subsection above by written notification received by the Hospital at least two weeks in advance thereof. Effective on confirmation by the Unemployment Insurance Commission of the appropriateness of the Hospital's Supplemental Unemployment Benefit (SUB) Plan, an employee who is on pregnancy leave as provided under this Agreement who has applied for and is in receipt of Unemployment Insurance pregnancy benefits pursuant to Section of the Unemployment Insurance Act, shall be paid a layoff, within ten (10) calendar days after written notice of recall issent supplemental unemployment benefit. That benefit will be equivalent to the address that was last provided difference between seventy-five percent of her regular weekly earnings and the sum of her weekly Unemployment Insurance benefits and any other earnings. Such payment shall commence following completion of the two-week Unemployment Insurance waiting period, and receipt by the Hospital of the employee's Unemployment Insurance cheque stub as proof that she is in receipt of Unemployment Insurance pregnancy benefits, and shall continue while the employee • Layoff which either extends: (a) is in excess receipt of six (6) consecutive months, such benefits for a maximum period of fifteen weeks. The employee's regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours plus any wage increase or (b) salary increment that she would be entitled to if she were not on pregnancy leave. The employee does not have any vested right except to receive payments for the covered unemployment period. The plan provides that payment in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan. Credits for service and seniority shall accumulate for a period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer up to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If seventeen weeks while an employee is hired into an on-call or temporary position and later is awarded a on pregnancy leave on the basis of what the employees normal regular full- time, part-time or casual position, his/her/their seniority date shall be hours of work would have been. The Hospital will continue to pay its share of the date contributions of the pension plan in which the employee was awarded is participating, for a period of up to seventeen weeks while the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-timeon pregnancy leave. Subject to any changes to would have occurred had leave, part-time or casual position againthe employee shall duties, his/her/their seniority date will be adjusted by addingthe number on the same shift at the same rate of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority datepay.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. For those Employees who work 40 hours per week or more: Seniority shall be is defined as the employee's length of continuous service the employee’s serv­ ice with each signatory company throughout the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer opera­ tions within the bargaining unit unit. Regular full-time employees employed to work the basic work week set forth in Article II hereof shall acquire seniority within the store thirty (30) days after hire and shall acquire seniority within the entire operation of the Employer covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive monthsmonths of continuous employment. The employee’s seniority shall then date back to his last date of hire. Seniority shall apply to layoffs and rehire. The last em­ ployee hired shall be first laid off, or and the last employee laid off shall be the first rehired. A reduction of an em­ ployee’s work schedule below forty (b40) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above hours per week shall be considered as a new partial layoff. A full-time employee if the Employer again employs him or her. The failure who is unavailable for reasons of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- timehis own convenience, even though he accepts part-time or casual positionwork, his/her/their shall lose his seniority rights. For those Employees who work 25 to 40 hours per week: All part-time employees with established seniority as of the effective date of this Agreement and all part-time employees who thereafter work an average of twenty- five (25) hours per week during any four (4) consecutive week period shall have seniority within the individual store. The employee’s seniority date shall be the date begin­ ning of the four (4) week qualification period. Seniority shall apply to layoffs and rehire. The last em­ ployee hired shall be first laid off, and the last employee was awarded laid off shall be the regularpositionfirst rehired. If A reduction of an employeeem­ ployee’s status changes from fullwork schedule below twenty-time, five (25) hours per week shall be considered a partial layoff. Part-time employees with seniority shall be entitled to preference for scheduling of hours within the individual store in the order of their seniority so that no junior part- time employee shall reecive more hours of employment than a senior part-time or casual employee. In the event there is a violation of seniority relating to onthe number of hours scheduled, the Employer shall correct such violation by re-call scheduling during the following four (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call4) week period. If such employee is later awarded a regular full-time, A schedule of hours worked by part-time or casual position againemployees with seniority shall be posted within the store weekly. The time limitation on the filing of such a grievance shall not begin to run until the schedule is posted. If a part-time employee with seniority declines the op­ portunity to work the hours to which he is entitled, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority datehe shall sign a waiver so stating, and shall lose seniority.

Appears in 1 contract

Samples: Terms of Agreement

SENIORITY. Seniority An employee shall be defined as on probation for ninety (90) days from the date of the 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. For the purpose of this Agreement an "seniority" (other than that of a probationary employee) shall commence with the date of the employee's length most recent hiring (other than as a result of continuous service with a recall after a layoff) by the Employer in Board and shall be maintained and accumulated so long as the employee during: a regular full-time, part-time or casual position in the bargaining unit commencing with the date on layoff within any period during which the employee first began work in was entitled to be recalled; any sickness or accident; and any leave of absence. When a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during employee completes the probationary period. However, at period the successful completion of the probationary period, the worker’s seniority employee shall be retroactive to their first day of work in entered on the bargaining unit position, seniority list and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated rank seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be from the date the employee was awarded last hired. A loss in seniority shall be deemed to have occurred if an individual employed by the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will Board: quits; is discharged and is not accrue seniority while in reinstated by reason of the on-call position but will maintain seniority accrued up tothe date on grievance procedure; is laid off beyond the period during which the employee was entitled to be recalled; or fails following a layoff, unless the employee exercises the right to refuse such work as provided in section to notify the Board within seven ( 7 ) days of the Board sending the employee a notice to return to work of the 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; or "continuous service" shall be determined by the length of the employee’s status changed to 's actual service with the Board and shall not include any period of time while the employee was absent from work because the employee was on-call: leave of absence in excess of thirty (30) days; layoff; or strike or lockout. If such employee is later awarded The Board shall maintain a regular full-timemaster seniority list showing the name, part-time or casual position againclassification, his/her/their seniority region and hiring date of each employee. Seniority will be adjusted unit-wide. An up-to-date seniority list shall be posted annually by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateJanuary and three copies thereof shall be sent to the Union.

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. Seniority Until an employee has completed a probationary period of forty days worked he shall be defined as considered to be on a probationary basis, having no seniority rights, and his employment may be terminated by the employee's length Company without recourse to the grievance and arbitration of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)this agreement. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful Upon satisfactory completion of the probationary periodperiod the employee’s name will be placed on the master seniority list with seniority dating from the date the employee started with the Company. When two or more employees attain seniority on the same date, they will be placed in alphabetical order on the master seniority list. When a permanent vacancy occurs, the worker’s seniority job will be posted on the bulletin boards in the plant for a period of five working days before being filled. During this employees wishing to bid for the job, with no restriction across shifts, should make application to their xxxxxxx and if the job is filled by an employee already in the plant it shall be retroactive the with the highest seniorit, skill, competence and efficiency being relatively equal. The successful applicant for a job posting shall be paid the rate the vacant job on actual performance of the job. If the successful applicant previously performed the vacant job at the three month rate he shall immediately receive the three month rate. Permanent job shall state the job classifications, shift, rate of pay, date job is expected to their first day of work in the bargaining unit positionbe filled, and shall accrue during his/her/their continuous employment with any other reasonable eligibility requirements be met by the Employer successful applicant. All relevant data relied on by the applicant must be stated fully by him on the application form provided by the Com- pany. The Company will give written confirmation of its deci- sion on permanent job within three working days following the bargaining unit covered by this Agreementexpiration of the above notice period. Seniority shall accrue and An employee is not be lost during a worker’s vacationpermitted io post from one permanent job to another permanent job more than once in any consecutive six month period. An employee shall lose accumulated his seniority and seniority his employ shall be broken terminated for any of the following reasons: • Voluntary quit • Acceptance of a position with If the Employer that employee quits. If the employee is outside discharged and such discharge is not reversed through the bargaining unit grievance procedure. If the employee has been laid off and not covered bythis Agreement • Discharge for just cause • Failure fails to report to return work after a layoff, within ten (10) calendar five working days after written he has been notified by the Company to do so, or fails to advise the Company within working days of receipt of notice of his intention to return. of All employees who are on layoff who are subject to recall issent to rights under the address that was last provided by provisions of the previous contract as of April shall be subject the terms of the renewed agreement dated August If employee • Layoff which either extends: (a) with less than twelve months seniority has been laid off for a period in excess of six (6) twelve consecutive months, or (b) months without being recalled work by the Company. If employee with more than twelve months seniority has been laid off for a period in excess of twenty-four without being recalled to work by the period of theemployee's length of service, whichever Company. If the employee is less A worker whose seniority is lost absent from work for any of the reasons outlined above shall be considered as more than two consecutive working days without providing a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject reason satisfactory to the grievance and arbitration provisions of this AgreementCompany for such absence. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded overstays a leave of absence granted by the regularpositionCompany without securing an extension of such leave. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateretires.

Appears in 1 contract

Samples: negotheque.travail.gc.ca

SENIORITY. Seniority A new employee will be considered on probation until he has completed hours of work within any twelve calendar months. Upon completion of the probationary period he shall be defined as credited with seniority to hours. With the written consent of the the probationary employee's , and the President of the Local or designate, such probationary period may be extended. Any extension agreed to will be in writing and will specify the length of continuous service extension. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration and is at the sole discretion of the Hospital. The Hospital agrees to provide the Union, with a list showing the number of hours worked for each employee who has completed the probationary period since they last commenced employment with the Employer and their seniority standing under Article A copy of such list will be provided to the Union as of the first day of January and July during the term of this Agreement,, Copies of such seniority lists will be posted oh the bulletin boards as provided by the Hospital. Not applicable. The following is a' list of departments purposes: for seniority Nursing Nutrition and Food Services Environmental Services Building Services -- JOB POSTING The successful will be placed in the vacancy for a regular full-trial period not exceeding four hundred and ninety--five hours and if the employee proves satisfactory, then he shall be permanently assigned to the vacancy. If the employee proves unsatisfactory during that time, part-time or casual if the employee feels he is unable to perform the duties of the vacancy to which he is posted, the employee will be returned to his former position or an equivalent at his former salary or rate of pay, as will any other employee in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary who was promoted or transferred by reason of such placing. Newly hired employees shall not accrue seniority while in be terminated and such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority termination shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateprocedure.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. (a) The purpose of seniority is to provide a policy governing work preference, lay-offs and recalls. In the event of a reduction of the working forces, the Company shall apply the principle of "Last on First off'' insofar as it is consistent with management's obligations to maintain an efficient working force. Following a layoff, rehiring shall be executed conversely to the outlined layoff procedure. Should an employee be laid off and is not recalled he shall maintain his seniority for a period of two years (2) from the date of layoff. Seniority shall be defined as terminal wide and include all persons working at the terminal and on the terminal payroll. It is further agreed that the maintenance department's seniority shall be separate and not interchangeable with any other department within the Terminal. In all layoffs the Company shall consider (a) seniority of the employee; merit, training, skill and efficiency of employee, and where the qualifications expressed in are relatively equal, the employee's length seniority shall be the determining factor. In the event of continuous service with a layoff, before laying off employees out of seniority order (after acquired) the Employer in a regular full-timeCompany will notify the Union. The Seniority lists for the Maintenance, part-time or casual position in City and Highway departments shall be prepared and posted separately, every three (3) months. Employees shall be considered probationary until placed on the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary seniority list. Such employees shall work under the provisions of this Agreement and shall be employed on a probationary basis for sixty (60) working days, during which period he may be terminated or disciplined without recourse to the grievance procedure. The Company may not accrue seniority while in terminate such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during an employee for the purpose of forcing an additional probationary period. However, at the successful Upon completion of the sixtieth working day, the employee shall either be terminated or placed on the regular seniority list as of the date of the commencement of his probationary period. Employees promoted to Supervisory positions or positions not subject to this Agreement will retain their seniority after promotion for a period of twelve (12) months only. If demoted for any reasons or if they voluntarily request reinstatement to their former position, the worker’s seniority time spent in the supervisory position shall be retroactive included in their seniority rating. Such employee shall forfeit any and all recourse to their first day the grievance procedure as outlined in this Agreement should subsequently be discharged in such a position beyond the jurisdiction of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not This Article is to be lost applied only once for any employee during a worker’s vacationthe term of this Agreement. An employee shall lose accumulated seniority and seniority employee's employment shall be broken terminated for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the If an employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates voluntarily quits; If an employee is hired into discharged and is not reinstated pursuant to the Grievance Procedure as provided in this Agreement; If an on-call employee has been laid off and not employed elsewhere and has refused to return to work within (24) hours after being contacted personally. When the employee cannot be contacted or temporary position is employed elsewhere, then the Company will notify the employee by registered mail to his last known address to return to work and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall he will be allowed no more than seven (7) consecutive days from the date the employee was awarded the regularposition. of notification to report for duty; If he takes employment other than that declared and agreed upon when applying for a leave of absence; If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded absent from work without securing a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number leave of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.absence for more than three (3) consecutive working days; If an employee is laid off and not recalled for a period extending beyond

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority A probationary employee shall be defined as the employee's length of continuous service with the Employer in a declared regular full-time, part-time or casual position in the bargaining unit commencing with when he/she has accumulated hours worked since the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)of his/her employment. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful Upon completion of the his/her probationary period, the workeremployee shall be declared regu- lar and his/her seniority will be dated from the date he/she commenced work with the Company and will accumulate thereafter. When more than one is hired to commence work on the same day, their position on the seniority list shall be based on the records of order of the job acceptance. The Company shall maintain a seniority list of employees and shall provide the Union every 3 months with sufficient copies to supply its stewards, Local Presi- dent and Plant Chairman. The Company shall advise the Plant Chairman daily whenever possible of any additions, terminations, transfers, recalls or reclassifications affect- ing the status ofemployees covered by the bargaining unit, and the Financial Secretary of hirings, terminations, re- calls, and change ofaddress, such shall be in written form. LOSS OF SENIORITY An employee’s seniority shall will be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken cancelled for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine she voluntarily quits his/her adjusted employment with the Company. is discharged and is not reinstated voluntar- ily by the Company or by order of a board of arbitration. If while on Lay-off he/she fails to return to work within five working days from the date of receipt of a registered letter or telegram recalling him/her to work, provided however that the employee shall not lose his/her seniority datesubmits reasonable justification in writ- ing for being unable to return to work and provided such submission is received by the company within three working days from the date of receipt of his/her recall notice. In this circumstance, the employee may request either an extra delay up to ten the privilege of a second recall before the expiration of his/her recall rights. The Company shall grant such request wherever possible. Employees granted a second recall will be placed at the bottom of the recall list. If the recall is of a nature, the employee will be so notified. If the employee elects to decline such a recall he/she will main- tain his/her current position on the recall list, and not be placed at the bottom of the recall list. If he/she overstays a leave of absence granted by the Company, without securing an extension of such leave from the Company in writing, unless his/her cause for not requesting such extension is through a justifiable reason. If he/she is on layoff for a continuous period of: two years; employee had less than five years on the layoff.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority Fundamentally, rules respecting seniority are designed to give employees an equitable measure of security based on continuous service the Company in the bargaining unit. There shall be defined a probationary period for each new employee of thirty-five worked days after which the employee shall be placed on the seniority list dating back to date of hire. A probationary employee may be discharged for any reason satisfactory to the Company. The Company will endeavour to offer the most senior employee in the store the most scheduled hours and any hours of work beyond those normally scheduled hours of work which arise because of absence due to sick leave or holidays, provided the senior employee has the immediate ability and willingness to perform the work as required, and is available to perform the employee's length work immediately. As of continuous the date of ratification of this Agreement, the Company agrees that two or more part-time employees will not be regularly scheduled in such a manner so as to cause the displacement of full-time employees. It is agreed that seniority shall govern lay offs by the Company and reemployment of employees, providing the employees are able and willing to perform satisfactorily the work required, subject to the following terms and conditions. In case a job is discontinued, the employee from said job may exercise his seniority rights, or the least senior part-time employee in the same or lower classification whose job he is able and willing to satisfactorily perform. The person so displaced may exercise the same right. There shall be only one Chief Xxxxxxx who shall have at least one year of service with the Employer Company, and such Chief Xxxxxxx will have top seniority over all other employees during his term of office. This applies in case of lay offs only. When a regular full-timetime vacancy occurs in the positions of clerk, stock clerk and postal clerk, part-time or casual position employees may bid on such a vacancy in the bargaining unit commencing accordance with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion Article of the probationary period, the worker’s seniority shall full-time agreement and jobs will be retroactive to their first day of work filled in the bargaining unit position, and shall accrue during his/her/their continuous employment accordance with the Employer within the bargaining unit covered said clause. Bids by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall part-time employees will only be considered as a new employee if the Employer again employs him or herwhen bids by full-time employees have been exhausted. The failure of the Employer to rehire said workerafter the As per Article (loss of seniority shall not be subject to standing and deemed quit), of the grievance and arbitration provisions of this full-time Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- timeAlso, part-time or casual position, his/her/their seniority date the following reason shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.included for this Appendix:

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. Seniority Except as provided for in Article seniority of employees covered by this Agreement shall be defined confined to the seniority terminal at which employed and to the date of entry into the classification. Separate seniority lists will be maintained for the classifications of Stationary Firemen and Engine Attendant at each terminal where such classifications exist. Main shops will be regarded as forming part of the seniority terminal at which they exist. Seniority lists shall be compiled and posted in January of each year, and shall be open for correction for a period of sixty (60) calendar days after being posted. If exceptions are taken, or requests made for corrections, same must be made in writing to the immediate officer in charge, with copy to Local Chairman and the General Chairman concerned, within the sixty (60) day limit prescribed in this clause. If no exceptions are taken to a seniority list date within the sixty (60) day limit after it is first posted, the date shall be established as correct and not changed thereafter, except by mutual agreement between the General Chairman and the appropriate officer of the Company, or for correction of typographical errors. Such seniority lists be open for inspection and copies shall be furnished by the Company to the Local Chairman and the General Chairman concerned. For employees on layoff, leave of absence, annual vacation or absence because of illness or injury at the time of posting, the sixty (60) calendar day period prescribed in Article shall begin on the date of return to service. A new employee shall not be regarded as permanently employed until he has completed days’ cumulative service. In the meantime, unless removed for cause which, in the opinion of the Company renders him undesirable for its service, the employee shall accumulate seniority from that date and shall be regarded as coming within the terms of this Agreement. the event of an employee leaving the service during his probationary period when his services are required, upon re-entering the service, he shall rank as a new probationer. Probationary employees, if qualified, shall have preference of employment over the engagement of new probationary employees. Seniority territories shall not be changed except by mutual agreement between the appropriate officer of the Company and the General Chairman. An employee presently filling or who may in the future be promoted to an official or excepted position with the Railway will have his name continued on the seniority list of the group from which promoted and shall retain seniority rights and continue to accumulate while employed. If released from such official or excepted position an employee will within thirty days after such release exercise his seniority in his seniority group and failing to do so will forfeit his seniority, in which event his will be dropped from the seniority list. The General Chairman will be advised of all such appointments. Employees assigned to temporary service, or who are temporarily transferred from one point to another within a terminal by direction of Management, will retain their seniority; and such employees will not suffer any reduction in rate of pay when so transferred. The General Chairman will be advised when employees are temporarily transferred from one point to another. An employee who is temporarily transferred under this Article will retain prior rights to the position from which transferred except that such prior rights will not extend over a senior employee who has been displaced and is exercising seniority. Employees who have given long and faithful Service in the employ of the Company and who have become unable to handle heavy work to advantage will be given preference of such light work in their line as they are able to handle (subject to pension regulation age limits). Should an employee enter the service in the classification of stationary fireman, he shall be accorded a seniority date as labourer according to such date of entry into service. An employee promoted from a lower to a higher classification within the scope of this collective agreement shall retain and continue to accumulate seniority in the classification or classifications from which promoted. An employee promoted to a higher classification by another collective agreement shall retain and continue to accumulate seniority in the classification or classifications in which such employee held seniority at the time promoted until such time as the employee's length of continuous service with the Employer in a regular full-time, part-time or casual position employee has been employed in the bargaining unit commencing with higher classification covered by another collective agreement for consecutive years. When the twoconsecutiveyear period has elapsed, the employee shall immediately revert to the labourer’s classification and assume his former seniority date on which the labourer’s seniority list, except that such employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. Howevermay, at the successful completion discretion of the probationary periodproper officer of the Company, be permitted to remain in a classification covered by another collective agreement, in which event the worker’s employee shall forfeit all seniority rights under the collective agreement governing stationary firemen, oilers and shop labourers. The Chairman shall be retroactive to their first day of work in the bargaining unit position, consulted when such promotions are made and shall accrue during his/her/their continuous employment with be issued the Employer within names of employees reduced. Engine Attendants A separate seniority list will be maintained for the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacationclassification of engine attendant at each seniority terminal where such classification exists. An employee shall lose accumulated establish seniority and as an engine attendant from the date assigned to a regular engine attendant position unless removed from this classification in accordance with the provisions of Article At seniority terminals where the classification of engine attendant existed on April seniority lists shall be broken for any of prepared on the following reasonsbasis: • Voluntary quit • Acceptance All employees who were filling regular positions of a position with engine attendant on March shall be placed on the Employer list according to their seniority dates on the lists from which promoted. Shop helpers placed on the engine attendants’ seniority list shall, in addition, be placed on the labourers’ seniority list at that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent seniority terminal according to the address that was last provided by date assigned to regular position of engine attendant. An employee assigned to a regular position of engine attendant from other than the employee • Layoff which either extends: (a) in excess ranks of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above labourer shall be considered as granted a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date as labourer which shall be the date assigned to the position of engine attendant. The exercising of seniority within a seniority terminal to displace a junior employee was awarded shall not be permitted except when positions are abolished, or rate of pay or hours of work or days off are changed. The affected employee shall have the regularposition. If an employee’s status changes from full-time, part-time or casual right to on-call (except due to layoff), he/she/they will not accrue seniority while displace the junior employee in the on-call position but will maintain designated work area of his choice with the shift, days off, hours of work and rate of pay of his choice. Such employee affected shall be given, during his regular working hours, as much advance notice as possible but, in any event, not less than hours. The affected employee shall make his intentions known within hours of notification and subsequent displacement shall be made without undue delay. The Local Committee shall be consulted. In the application of this Article the designated work area shall be as defined in bulletining positions in accordance with Article Note: For the purpose of Article above, the seniority accrued up tothe date on terminal is defined as the point at which employed. Example: Angus Shops, the employee’s status changed to on-callDiesel Shop Xxxx Yard would be recognized as separate points within the Montreal terminals. If such An employee is later awarded with more than days' of cumulative service shall not be discharged for any cause whatsoever without being given a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.proper investigation. ARTICLE

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. Seniority shall be defined as the employee's length of continuous service with the Employer in a A regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new such an employee if the Employer again employs him or her. The failure of the Employer Railway when: he has his period. he makes himself available to rehire said workerafter the loss of seniority Rail- way for full time employment. Employ- ees not available for permanent employ- ment shall not be subject to the grievance and arbitration accumulate seniority. he has no other outside employment except where such employment may he specifically permitted under provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates It shall not be it cause discipline dis- charge an to seek and/or accept gainful employment while on provided the employee complies with Clause of this to all the A seniority roster of all employees. showing name and date of entry into the service. coming within the scope shall be posted in a place employees concerned. shall he and posted on January of each year. shall be open for correction fur of ninety the date of posting. on of proof of employee his accredited representative. the two tho will work. to by the they start the the will the Factor. All within the shall comprise seniority group. position seniority rights shall the seniority list. An transfer within the position not rights seniority period six If to six relinquish rights. working days' advance notice will be given in the case of a strike or work in the Railway industry, in which case a shorter notice may he given. Employees whose positions are abolished. who are displaced. will, within ten calen- dar clays of notification. exercise their senior- ity over any other junior employee. In the application of this Rule. employees will not necessarily be required to exercise seniority outside of their home station or terminal. Such employees shall notify the appropriate Rail- way Officer of the position to which they will exercise their seniority and shall fill posi- tion within five calendar of the date of notification: that an employee on approved of including annual vacation and bona fide sickness or injury. their position is hired into abolished or arc displaced. may exercise their seniority within calendar days from expira- tion of approved leave of Note: An employee will be considered on laid he hisseniority at his home terminal In order to qualify for Job Security Payments under the Security Agreement, exhaust his seniority on system. notified and returned to work in be of Employees to themselves of this Rule must with proper Officer of the Procedure. In an on-call or temporary is made, the duly accredited representative the employee shall be furnished, upon written request. the for the in writing. An assigned to a position by will receive a full explanation of duties of the position and later is awarded a regular full- timemust demonstrate his ability to perform the work within period thirty calendar days. the length of to he upon character the work. Failing tu demonstrate his ability to do work within the period allowed. he shall be returned to his former position without loss of seniority. Should an employee to dem- onstrate his ability to the work during the period he his Shop will entitled to an explanation in writing from appropriate Officer the Railway. including the lor which shall to in with the declining shall not lase their of within ten their return of including fide sick- xxxx or injury, part-time or casual position, his/her/exercise their seniority date rights any during their OTHER discipline employees. He shall be a member of the date Union and entitled to provisions of the employee was awarded the regularposition. If an employee’s status changes from full-timeCollective Agreement, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.RULE

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority A seniority date be established for each employee upon successfulcompletion of the probationaryperiod as definedin clause such date to be coincident with date of of service the Corporation. For the purposes of promotion under Article seniority shall prevail on an employer- basis and in the case of staff reduction shall prevail only within the position and classification in the Department involved. In the event of a staff reduction, any employee so affected with at least two (2) years of "Permanent Service" shall be defined as given preference for a suitable equal or lower paid vacant position for which the employee is qualified. The employee's length of continuous service , after consultation with the Employer Union, shall be treated in a regular full-timesimilar manner to an employee to whom applies. In the event of a staff reduction, part-time or casual members of the Unit shall be removed from work in reverse order of seniority within the position clas- sification in the bargaining unit commencing with Department involved, and if and when work becomes available and provided not more than twelve (12) months have elapsed from the date on which they were removed from work and they possess the employee first began necessary qualifications, such persons shall be recalled to work in order of their seniority within the position classification. Subject to clause a bargaining unit position (onperson shall continue to accumulate only seniority during any period of non-call, and/or temporary employees payment under the provisions of clause provided however that the right to accumulate seniority during such period under this clause shall not accrue seniority while in such positions but shall be considered to be sufficient to maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacationan employee-employer relationship. An employee shall lose accumulated all seniority and seniority shall be broken service if: he voluntarily terminates his employment; he is discharged for any of the following reasonsreasonable cause: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure he fails to report for work within five (5) working days from the date he recalled to work after a layoff, within ten under the provisions of clause 21.03; he is absent without written notice to the Metropolitan Corporation in excess of seven (107) calendar days after written notice from the commen- cement of recall issent absence; he is not recalled to the address that was last provided by the employee • Layoff which either extends: work within twelve (a12) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any months of the reasons outlined above shall be considered as date of his removalfrom work pursuant to clause Where a new employee if the Employer again employs him or her. The failure of the Employer person has been removedfrom work pursuant to rehire said workerafter the loss of seniority hereof, such person shall not be subject entitled to any benefits under this Agreement save and except the right of recall as in the said clause and the right to proceed in a job call as providedin Article provided, however, that benefits accumulated prior to such from work shall be suspended during the period and upon recall to work in accordance with clause such other accumulated benefits shall again commence as if there had been no removal from work. A person in receipt of a benefit under the Long Term Disability Plan at the time of such removal from work shall continue to receive such a benefit in accordance with the terms of the In- surance Policy, and an employee who is totally disabled prior to such removal from work but who has not commenced to receive a benefit under the Long Term Disability Plan before such removal from work shall be entitled to receive a benefit under such Plan in accordance with the terms of the Insurance Policy. Subject to Article an em- ployee who makes application for a job call pur- suant to Article prior to being removed from work in accordance with Article shall pro- ceed in such job call in accordance with Article even if he is laid off prior to the grievance and arbitration completion of the call. The provisions of clause shall apply to employees in receipt of benefits under the Long Term Disability Plan. Employees, covered by the Part-time unit collective agreement in the Homes for the Aged, who are appointed to positions covered by this Agreementcollective agreement shall carry with them accrued seniority and benefits as calculated, defined and prescribedin the collective agreement coveringthe Part-time unit in the Homes for the Aged. Adjusting On-Call/Temporary Employee Seniority Dates If Where in an action, or by settlement of a claim arising out of an injury to an employee who in of such injury has elected to claim com- pensation under the Metropolitan Corporation recovers damages from a third person, the Metropolitan Corporation may in its discretion pay such or any portion thereof to such employee or in the event of death to one (1) or more dependantssubject to the terms and conditions set out in of Executive Committee Report No. adopted by the MetropolitanCouncil on the 15thday of Decem- ber, Where an employee who is hired into an on-call injured in circ- umstances in which he might be entitled to comp- ensation under The Workers' Compensation Act elects instead to claim against the third person, he shall, as a condition of receiving sick pay benefits as hereinbefore provided, undertake in writing reimburse the Metropolitan Corporation out of the proceeds of any settlement or temporary position judgement upon such claim, the amount of money equivalent to the value of such sick pay benefits, and later is awarded a regular full- timeupon his having made such reimbursement, part-time or casual position, his/her/their seniority date his accumu- lated sick pay credits shall be the date restored accordingly. An employee who is injured on duty in circumstances where no action for such injuries would lie against a third person, and who is unable to work as a result of such injury, shall, provided he has qualified for si..c-k-pay credits under be paid an amountI his full net pay while the employee was awarded is off work and until such time as a ruling has been made by the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which Workers' Compensa- tion Board upon the employee’s status changed to on-call's claim. If such The full net pay of an employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will shall be adjusted as determined by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.the Metropolitan Corporation by deducting from the employee's gross earnings,

Appears in 1 contract

Samples: Agreement

SENIORITY. Seniority a) is defined as length of service in the unit New employees shall be defined on probation for a of three calendar months of employment. If retained the period, each employee’s shall be effective from the date of hire The Hospital may extend the a of one month where considers such to be the best interest of the employee and the Hospital. The and the employee be in writing of such extension and, upon request. the Hospital shall advise the employee and the of the basis for the A seniority list shall be compiled by the Hospital for all employees who have completed their probationary period based on each employee’s date of last This date shall be to reflect any which is not accumulated. A of said shall be-provided to Association January and June of each year, and a current of such list shall be maintained in the Pay Office and made available to employees upon request. In the event that a temporary employee is retained by the Hospital on a permanent basis, her seniority and for the purpose of salary, sick leave and vacation entitlement, shall be made retroactive to her last date of hire as a employee. provided no break in has and, in the event that she is retained in the job as originally hired for, her period of temporary employment shall be applied towards her probationary period, which shall be reduced Seniority rights and an employee’s employment shall be deemed to have bean terminated ii she: voluntarily leaves the employ of the Hospital; is discharged and the discharge is not reversed through the grievance procedure; off work due lo sickness, accident or disability in of thirty months. off work due to layoff of twenty-four months; is absent from work without permission for three consecutive working days, unless explanation satisfactory to the Hospital is given by employee; fails to return to work upon of an leave of absence and fails furnish an explanation to the or a leave of absence for purposes other than those for which the leave was granted; fails to return to work within ten calendar days after being recalled from layoff by notice sent by registered mall unless an explanation satisfactory to the Hospital is given by the employee's length of continuous service with . An employee who a position the Employer in bargaming shall not accumulate In the event that the is returned the to a regular full-time, part-time or casual position in the bargaining unit commencing with she be credited the seniority held at the time of transfer and resume accumulation from the date on which the employee first began work in a of her return to bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateunit.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority In the event the HOSPITAL has to reduce its staff for any reason, either temporarily or permanently, such layoff of CLS/MLT/LTAs is to be done by means of seniority. This means that where the competency and ability of CLS/MLT/LTAs is equal, accumulated (hours worked) length of service employed as a CLS/MLT/LTA at the HOSPITAL shall be defined the controlling consideration in reducing the force. The HOSPITAL agrees to provide an updated current seniority list once each year during the first week of January to the GROUP representative(s). This list may be posted at the discretion of the GROUP. In the event that the HOSPITAL increases its staff, or has need to hire new CLS/MLT/LTAs, or re- establishes a previously abolished position, the HOSPITAL agrees to recall its CLS/MLT/LTAs in the order of their seniority, the ones laid off last being recalled first, and the ones laid off first being recalled last. If a position that has been abolished has been re-established, the person(s) who formerly held those positions shall first be offered those positions in the order of their seniority. In the event of a layoff, the HOSPITAL agrees to offer the CLS/MLT/LTA who is to be laid off, any position in this Agreement, which he/she is qualified to fill, on the basis of seniority. That person who is displaced as a result of the employee's length election of continuous service the laid-off CLS/MLT/LTA shall similarly be offered any position in this Agreement which he/she is qualified to fill, on the basis of seniority; thus resulting in the person with the Employer in least seniority being ultimately laid off if all the senior CLS/MLT/LTAs elect to exercise their rights to a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees job. A CLS/MLT/LTA who elects to be laid off rather than accept another job shall not accrue lose his/her seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit positionrights by said lay-off, and shall accrue during have the right to any future vacancy on the basis of place in seniority. In the event of a recall, the HOSPITAL agrees to send the CLS/MLT/LTA a registered letter informing him/her of said vacancy. If the CLS/MLT/LTA fails to appear at the HOSPITAL or contact the Administration within five (5) days, absent exigent circumstances, said CLS/MLT/LTA shall lose his/herher seniority. The HOSPITAL shall have the right to send said registered letters to the first five (5) CLS/their continuous employment MLT/LTAs in the order of seniority, but shall be obligated to follow seniority strictly in returning to a job. No job category shall be abolished without prior consultation with the Employer within GROUP. In the bargaining unit covered by this Agreementevent that the Administration reasonably concludes that a category of CLS/MLT/LTA is no longer necessary, said CLS/MLT/LTAs are to be terminated on the basis of seniority. Seniority In the event the HOSPITAL requests that CLS/MLT/LTAs take days off without pay, such absent days shall accrue not affect the CLS/MLT/LTAs classification, and not the CLS/MLT/LTAs shall continue to receive benefits in the same manner as if he/she had worked the days he/she was requested to be lost during a worker’s vacationabsent without pay. An employee In the case of lay-off, the HOSPITAL shall lose accumulated seniority and seniority shall be broken for any of give the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten CLS/MLT/LTA two (102) calendar days after written weeks’ notice or two (2) weeks pay in lieu of recall issent to notice will be paid. Neither the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for foregoing provisions nor any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration other provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call collective bargaining agreement limit the HOSPITAL’s exercise of the reserved management rights to reorganize the Laboratory during the current term including, but not limited to, the elimination of former classifications, the creation of new job classifications, the modification of duties, including but not limited to supervisor tasks, the acquisition of equipment, the adoption of new or temporary position different procedures, and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date determination of the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe optimum number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority datefull time employees among the staff in each category.

Appears in 1 contract

Samples: Agreement

SENIORITY. No preference for seniority shall be given except when making a decision between teachers who have comparable evaluations. For the term of this agreement, all evaluations shall be considered comparable. As such, the provisions below shall serve as the procedures followed when making staff reduction decisions involving the suspension of teaching contracts. All MBUs shall be placed on the seniority lists in each of the areas of certification/licensure in which the MBU is certified/licensed. Those MBUs holding continuing contracts shall be listed ahead of those MBUs holding limited contracts. Seniority shall be defined as determined first by continuing contract status, followed by the employee's length of continuous certificated/licensed service in the Fairview Park City Schools in a position requiring certification/licensure. Among those MBUs with the Employer in a regular full-timesame length of continuous service, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their determined by the date of the Board meeting in which the MBU was hired and, then, if a tie, by date of first day application. Length of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered service will not be interrupted or affected by authorized leaves of absence or layoff except as otherwise stipulated by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or hercontract. The failure continuous service of the Employer an MBU who has returned to rehire said workerafter the loss employment following resignation, unauthorized leave of seniority shall not absence or other termination of employment will be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be measured from the date of return. This seniority list will be sent to all MBUs and the employee was awarded the regularpositionAssociation President and all Association building representatives by interoffice mail by November 15 of each school year. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while MBU believes there is an inaccuracy in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.placement on the list, s/he must notify the Superintendent or his/her designee in writing of the alleged * Terms as interpreted under R.C. 3319.17 inaccuracy by December 15. The Superintendent or his/her designee shall notify each affected MBU of the outcome of the claim, in writing, no later than January

Appears in 1 contract

Samples: Contract

SENIORITY. Seniority (a) An employee will be considered on probation, and will be placed on the appropriate seniority list(s) three calendar months from the date of hire, and providing the employee has completed four hundred working hours in this period. If he has not com- pleted the required hours, the Company may elect to extend his pro- bationary period to allow completion of the hours, at which time he shall be placed on the appropriate seniority list(s) months prior to such date, but the four hundred hours must be worked within six consecutive months. When a probationary employee is terminated, the Human Resources Department will notify the Union Plant Chairperson. No grievance may be filed pertaining to such termination. Students hired for summer employment will not be eligible for seniority status. The Company may elect to hire students for summer employ- ment within the period of May through September provid- ing there are no seniority employees on layoff, and all permanent vacancies are posted and filled or are in the process of being filled. Students will be assigned work in direct labour job classifications, on a rotating shift basis or steady afternoons or midnights. The wage to be paid to such students is laid-out in Article XXI. The Company shall maintain the seniority lists and revise them every three months. There shall be no seniority amongst probationary employees. For the purpose of this agreement, the word employee means an employee who has seniority unless otherwise stated. For the purpose of this agreement, seniority means the seniority accumulated by an employee as defined as on the employee's length of continuous service with the Employer in respective seniority lists. Any employee assigned to a regular full-time, part-time or casual position in job outside the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue return to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer a job within the bargaining unit covered by this Agreementand shall forfeit any accumulated seniority. Not withstanding their seniority status, the Zone Xxxxxxx, Chairperson or Chairperson, with one or more years of seniori- ty with the Company shall, in the event of layoff be continued at work as long as work in their respective zone, plant or company, whichever is applicable, is available provided they are qualified, will- ing and able to satisfactorily perform the work being done at that time. With respect to scheduled work to be performed on overtime, the Company will schedule the zone xxxxxxx, who has the ability to per- form an overtime job, when five or more people are working in the zone. Should the zone xxxxxxx refuse the overtime, the Union shall appoint one of the employees scheduled to work overtime as a temporary xxxxxxx. It is the responsibility of the zone xxxxxxx to notify the Union of his overtime refusal. In situations where no stew- ards are representing ten or more workers, within a plant, the Vice-Chairperson will be scheduled to perform one of the available overtime jobs. Seniority shall accrue rights and not be lost during a worker’s vacation. An employment of an employee shall lose accumulated seniority and seniority shall be broken cease for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.:

Appears in 1 contract

Samples: Agreement

SENIORITY. Seniority The recognizethat job opportunity and security shall increase in to length of service. It is therefore agreed that in all cases of vacancy, vacation preference, promotion, demotion, transfer, layoff, after layoff, cell and shift preference, senior employees shall be entitled to preference provided they have the ability and physical fitness to perform the available work. For the purposes of a layoff, from layoff or job posting, qualifica- tions will not be taken into consideration. The intention of providing preference in this article is for the senior employee to have preference among available openings or options at the timeof a layoff or recall layoff. Senior employees entitled to preference will not be entitled to “bump” employees in exercisingtheir preference. To “bump” is defined as displacing existing employees who are not otherwise affected by a work- force reduction. During a workforce reduction only affected employees willbe entitled to exercise their seniority to select among available openings or options. When employees have been laid off, they shall be placed on a recall and when work is available they shall be recalled in order of seniority and with respect to ability and willingness to perform the employee's length of continuous job available. An employee will be considered probationary for his first sixty (60)working days within a one hundred and twenty (120) day and will have no seniority rights during that period, and his employment may be terminated at any time during such probationary period. After sixty (60)working days’ service with within the Employer in a regular full-time, part-time or casual position in one hundred and twenty (120) day period his seniority shall date back to the bargaining unit commencing with date sixty (60)work- ing days within the one hundred and twenty (120) day prior to the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)he completed his probationary period. Seniority shall terminatewhen an employee: Voluntarily quits for any reason; Is discharged and is not accrue reinstated throughthe grievance procedure or arbitration; Has been on layoff for a period equal to probationary employees during his to a maximum of thirty (30) months; Failsto respond to recall within three (3)working days and present himself within five (5) days. Notification of recall will be by registered mail to the probationary periodemployee’s last address registered with the Company and a copy of such notice shall be sent to the Union; Fails to return to work immediately afterthe expiration of a leave of absence, unless prevented from so doing by verified illness or without reasonable and substantialjustification; Is absent from work for a period of three(3) consecutive working days without previously notifying the Company, unless there was reasonable and substantialjustification for failure to such notice; Is absent from work for a period of three (3) consecutive working days without leave, unless there was reasonable and substantialjustification for such absence; Is not at work for a continuous period of thirty (30)months for any reason unless on approved leave of absence in accordance with Article or as otherwise provided for by law. HoweverDuring emergency situations, at including interferenceswith the successful completion Company operations, beyond the control of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during Company which cause a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided layoff reasonably anticipated by the employee • Layoff which either extends: (a) Company to last for a period not in excess of six one (6I) consecutive monthsworking day, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of Company shall have the reasons outlined above shall be considered as a new employee if right to waive the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this AgreementArticle. Adjusting On-Call/Temporary Employee The Company shall give at least five (5) working days notice whenever reasonably possibleto any employee laid off for a period in excess of five (5) working days. Seniority Dates If an employee is lists will be revised every three (3) months and a copy of the list will be posted on the plant bulletin board. A copy of the list will be given to the Union. Seniority as referred to in this Agreement shall mean service in the employ of the Company within the bargain- ing unit, provided that persons hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their on the same day shall be listed in accordance with Company hiring records. Each employee’s seniority date and job classification will be listed. Once per year a copy of such seniority list shall be mailed to the date area office of the employee was awarded Union. Such list shall contain the regularposition. If an employee’s status changes from full-timeemployee’sjob classification, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which current rate of pay and the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe latest address and telephone number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateon file with the Company.

Appears in 1 contract

Samples: Agreement

SENIORITY. Seniority There shall be defined one (1) seniority list for employees covered by this section. Prior credit for seniority for the purpose of this section shall be as per the seniority list dated April Seniority for regular employees in this section of the Agreement shall be established at the time the employee successfully obtains a full time position. Regular employees shall be credited with any previously accumulated seniority if: the employee has been laid off and later recalled under the provisions of this section; they transfer to a position covered by another section of this Agreement and subsequently return a period of ninety (90) days to a classification covered by this Section, providing continuous membership has been maintained in the Union. An approved leave of absence shall not constitute a break in seniority, for the purposes of this section, provided continuous membership in the Union is maintained. The seniority of casual employees relative to each other shall be their date of hire and they shall be junior to regular employees on the seniority list. When an employee transfers to a new position, the following rules shall govern: Any time during the first ninety (90) days, any employee who enters a new position shalt have the right to return to their former position without loss of seniority. April to March Collective Agreement between Gray Line of Victoria and CAW Local Section ARTICLE - JOB AND SELECTION Vacant full time positions shall be posted and filled by applicants from this section provided they fulfill the criteria of the position. If the position is not filled in this manner, then applicants from other sections shall be considered. Employer shall have right of selection to fill Charter Sales Clerk positions. Selections to all other posted vacancies shall be made on the basis of ability, qualifications, experience and seniority in that order. If any employee who is junior is selected, their ability to perform the vacant job shall be significantly and demonstrably higher than senior candidates. Ability shall include consideration of the employee's length of continuous service with the Employer in a regular full-time, part-time or casual position performance in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-callemployee's present job. In addition to Article above, and/or temporary employees shall not accrue seniority while in such positions but shall maintain where selection is being made to any previously accrued seniority). Seniority shall not accrue dispatcher classification, or to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with supervisory or work leader responsibilities, primary consideration shall be given to personal qualities such as leadership, reliability, judgement, ability to organize and instruct, and an understanding display of the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after practice of good human relations. Only those possessing these characteristics shall be considered. When obtaining a layofffull time position, within ten (10) calendar days after written notice of recall issent a casual employee shall be given service credits equal to the address that was last provided by the employee • Layoff which either extends: (a) in excess total number of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered days worked as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority datecasual.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority It is hereby agreed that each Local Union shall be defined designate which retroactive seniority date (a. or b.) shall apply to their Customer Counter Clerks that were on the payroll as the employee's length of continuous service with the Employer in a regular full-timeNovember 19, part-time or casual position in the bargaining unit commencing with the 1998 (hereinafter “effected Customer Counter Clerks”). The application of this seniority date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue be cause for a contract violation prior to probationary employees during or after the probationary period. However, at the successful completion signing date of the probationary periodLetter of Understanding and shall become effective on the signing date of the Letter of Understanding. The seniority date for those effected Customer Counter Clerks who were on the payroll and a United Parcel Service employee on November 19, the worker’s 1998 shall have their seniority shall date be retroactive to December 5, 1995 or their actual date of hire, whichever is more recent. This language applies to these Locals of JC #28: Locals #174, 313, 589, 690 and the Local 252 locations formerly represented by Local 378. The seniority date for those effected Customer Counter Clerks who were on the payroll and a United Parcel Service employee on November 19, 1998 shall have their seniority date be retroactive to November 19, 1998. This language applies to these Locals of JC #28: Locals #38, 58 and the Local 760 locations formerly represented by Local 524. Those Customer Counter Clerks hired after November 19, 1998 shall have a seniority date of their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreementworked upon gaining seniority. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall all contractual purposes will be the date applicable in #1 a b or c above, except as provided in # 5 below. Vacation accrual for those effected Customer Counter Clerks will be their original hire date at United Parcel Service. For the employee was awarded vacation period of 2000, all effected Customer Counter Clerks will receive those weeks of vacation they would have received as a Customer Counter Associate. For the regularpositionremainder of the current collective bargaining agreement, those effected Customer Counter Clerks will receive the number of weeks from Article IX of the United Parcel Service Joint Council of Teamsters No. If an employee’s status changes from 28 Rider or Article 6 of the Sort Addendum. The scheduling of vacations for the Customer Counter Clerks will be determined by their area practice. Only for the purpose of bidding Article 22.3 full-time, part-time inside jobs or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date if displacement occurs these Customer Counter Clerks will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority allowed to utilize their Company hire date.. WAGES AND BENEFITS

Appears in 1 contract

Samples: d3n8a8pro7vhmx.cloudfront.net

SENIORITY. Seniority An employee will be considered on probation and will not be subject to the seniority provisions of this Collective Agreement, nor shall her name be defined as placed on the employee's length seniority list until after she has completed eighty-four (84) calendar days of continuous service work with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)Gallery. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful Upon completion of the such probationary period, the worker’s seniority employee's name shall be retroactive to their first day placed on the appropriate seniority list with seniority dating the date she was last hired by the Gallery. The dismissal of work in the bargaining unit position, and a probationary employee shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance subject of a grievance. Employees who hold both a full-time and part-time position with the Employer that is outside Gallery must complete the bargaining unit and appropriate probationary period for each position. Seniority will be maintained but shall not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice accumulate during leaves of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) absence without pay in excess of six (6) consecutive months. Seniority will be maintained and accumulate in the case of paid leaves, or (b) for such as leave, Short- term Disability, Workplace Safety and Insurance Board and during the period of theemployee's length of service, whichever the employee is less on approved Long-term Disability. Seniority lists shall be revised every six (6) calendar months (January 1st and July by the Staff and Volunteer Resources Division. A worker whose seniority is lost for any copy of the reasons outlined above list shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject provided to the grievance Union Local President and arbitration provisions posted on the designated bulletin boards throughout the Gallery. It agreed understood that each list shall remain posted for a period of this Agreementtwelve (12) months. Adjusting On-Call/Temporary Employee Seniority Dates If an employee does not challenge the position of her name on the seniority list within the first (1st) fourteen (14) calendar days from the date her name first appears on a seniority list, provided she is hired into an on-call or temporary position and later at work when the list is awarded a regular full- timeposted, part-time or casual position, his/her/their seniority date then she shall be deemed to have proper seniority standing. In the event the employee is not at work when the list is posted, she must object to her seniority standing within fourteen (14) calendar days the date she returns to work. A person shall lose all seniority and shall be conclusively deemed to have terminated employment with the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/Gallery if she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.:

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. Seniority During the first ninety (90) calendar days of employment with the Employer, an employee shall be defined as considered a probationary employee and, on qualifying his seniority will date back to the employee's length time of continuous service with hiring. During his probationary period an employee shall be subject to all provisions of this Agreement, save and except the Employer in a regular full-time, part-time or casual position grievance procedure in the bargaining unit commencing with event of his discharge. In the date on which event that the employee first began work in a bargaining unit position ninety (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion 90) calendar days of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer are interrupted by a lay-off, the employee, if rehired within a period equal to his former service with the bargaining unit covered Employer, shall receive credit for the number of calendar days previously employed by this Agreementthe Employer. 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 most capable of performing 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 dismissal for just cause, 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 one hour's notice. Permanent lay-offs shall be in accordance with the provisions of the Employment Standards Act. Seniority shall accrue apply as follows in calling back employees who are on lay-off: 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 not be lost during a worker’s vacationthere is no senior employee with such classification, then the Employer may call back the most senior employee who is able to perform the work. An employee shall will lose accumulated seniority rights and seniority shall be broken employment with the company for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.:

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority A seniority list of Employees covered by this Agreement shall be defined as the employee's length of continuous service with posted by the Employer annually in January each year. Such list shall show the names and dates of last entry into Employer's service, from which date seniority shall accumulate. An Employee transferred or promoted to a regular full-timeposition which is excluded from the bargaining unit shall, part-time or casual position in the event of his subsequent return to the bargaining unit within twelve (12) months, be reinstated on the seniority list as if he had remained in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in unit. If such positions but shall maintain any previously accrued seniority). Seniority shall not accrue an Employee returns to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit positionafter twelve (12) months following his transfer or promotion, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their his seniority date shall be the date of his return to the employee was awarded the regularpositionbargaining unit. An Employee who has been laid off shall retain his seniority status for a period of fifteen (15) months. If recalled to service in a classification covered by this Agreement within fifteen (15) months of day of lay-off, he shall be reinstated with seniority status held at time of lay-off. An Employee who resigns or is discharged for just cause shall forfeit all seniority rights under this Agreement. When two (2) or more Employees are hired by the Employer on the same calendar date, the Employee whose surname is first alphabetically will be shown as such on the seniority list. Protests in regard to seniority status shall be submitted in writing to the Employer within thirty (30) days of the publication of the list. When proof of error is presented by an employee’s status changes from full-timeEmployee or his representative, part-time or casual to on-call (except due to layoff)such error shall be corrected, he/she/they will not accrue seniority while in and when corrected, the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their agreed upon seniority date will shall be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s final. An Employee with less than six (6) months service shall be on probation and may not exercise seniority dateto determine his/her adjusted seniority daterights nor grievance procedure relating to his separation while on probation.

Appears in 1 contract

Samples: Employees

SENIORITY. SENIORITY Seniority date of each employee shall be his or her original date of placement in the bargaining unit and seniority as used herein shall be defined as the employee's length tenure of continuous service with the Employer in a regular full-time, part-time or casual position an individual’s employment from their original date of placement in the bargaining unit commencing with the date on which the employee first began work in a exception of bargaining unit position (on-call, and/or temporary individuals who take positions in the agency that are outside the bargaining unit. Such employees shall not accrue bargaining unit seniority while during the time that they are outside of the bargaining unit. If an employee who leaves the bargaining unit should subsequently come back into the bargaining unit, the employee will retain their seniority from the previous time in such positions but the bargaining unit and they will begin to accrue seniority effective with the date of their return. Unless specifically indicated otherwise, all references to seniority in this contract shall maintain any previously accrued be as defined in the first sentence in this section. Except as set forth in this article, seniority shall be broken when an employee loses employment status. If more than one person started to work on the same day, they will be placed on the seniority list in alphabetical order. Temporary employees as defined in this Agreement will begin to accrue seniority starting on the date that they become bargaining unit employees with the Employer. SENIORITY LISTS The Employer shall, every three (3) months supply the local union president with an up-to-date seniority list. This list shall be broken down by work location, classification and date of hire seniority). Seniority The first list shall not accrue be a mutually agreed to list. The home address and telephone number of each new name appearing on said list shall be set forth after the name or supplied separately. PROBATIONARY PERIOD Newly hired non-legal staff employees will serve a probationary period of ninety (90) calendar days during which time they may be terminated by the Employer without showing cause or without recourse to the grievance procedure. Newly hired legal staff employees will serve a probationary period of one hundred fifty (150) calendar days during which they may be terminated by the agency without showing cause or without recourse to the grievance procedure. If retained beyond the probationary period, their seniority will date back to the date they last started to work for the Employer. However, Current employees internally promoted or transferred to another job classification will also serve the relevant probationary period set forth above. During or at the successful completion end of the probationary period, the workerEmployer has the following options: To retain the employee in the position to which the employee was transferred, To return the employee to the employee’s seniority former position, To transfer the employee to another position for which the employee is qualified, or To terminate the employee for cause. If, under this provision, the Employer transfers the employee to a position in a pay classification lower than that of the employee's former position, the employee shall be retroactive paid at the level the employee would receive if returned to their first day the employee's former position. TERMINATION OF SENIORITY Seniority of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not an employee will be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasonsterminated for: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Voluntarily resigning; Discharge for cause; Overstaying a leave of absence without just cause or without receiving an extension of time from the Employer; Failure to report to work after (without just cause, or notice to the Employer or without receiving an extension of time from the Employer) the first day following a layoffvacation, within ten (10) calendar days after written notice recovery from illness or accident; Retirement from active service with the Employer; Exhaustion of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority daterights.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. Seniority A new employee shall be defined known as a probationary employee until he has worked three hundred and seventy-five (375) hours. is agreed that the employee's length dismissal or lay off of continuous service a probationary employee shall not be made the subject of a grievance. Before final acceptance for employment, all applicants will be required to pass a physical examination. This examination may include x-ray and such laboratory tests as are required in accordance with the Employer in a regular fullprovisions of the Long-time, part-time or casual position in Term Care Homes (where applicable) and the bargaining unit commencing with Public Health Act (where applicable) for the date on which protection of the employee first began and the Employer. If an employee is assigned to work in a bargaining unit position (on-callbefore the physical examination is completed, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during it is understood that continued employment is pending upon the probationary period. However, at the successful completion results of the physical examination. A probationary employee shall receive an evaluation of her work performance from the Employer at or about the three hundred and fifty (350) hours worked period of her probation. On or before the expiry date of an employee’s probationary period, the workerEmployer will notify the employee in writing that; The employee’s seniority appointment to staff is confirmed, or; The employee’s employment is terminated, and such shall be retroactive to their first day of work in at the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure sole discretion of the Employer to rehire said workerafter the loss of seniority and shall not be subject to the grievance procedure. Approved of absence in excess of ten working days during the probationary period will not be considered as working days for the purposes of completing the probationary period. An employee who has completed the probationary period shall be credited with three hundred and arbitration provisions seventy-five hours of seniority. For purposes of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position article seniority and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date service shall be calculated on the date basis of one year of seniority for each eighteen hundred (1800) hours paid. Any time worked in excess of an equivalent shall be pro-rated. In cases of promotion, demotions or permanent transfer of employees within their respective Home, the employee was awarded ability and seniority of the regularpositionemployees shall be considered. If an employee’s status changes from full-timeWhere these factors are equal, part-time or casual to on-call (except due to layoff), he/she/they will not accrue the applicant with the greatest seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted considered, provided that in cases of disciplinary demotion the criteria will be whether there was just cause, not whether the had seniority over some other employee. Any question having to do with the observance or non-observance of seniority as required by addingthe number this Agreement may be the subject of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority datea grievance dealt with under the grievance procedure including the arbitration provisions.

Appears in 1 contract

Samples: Service Employees

SENIORITY. For Seniority purposes, employees with the same credited service date will have their respective seniority determined by a drawing of numbers. Each employee in order to benefit by the seniority provisions of this Agreement, must keep the Company informed of his/her current address and telephone number at all times by notifying the Company as follows: An employee on the active payroll will notify his/her by signing the form available. Former employees who are subject to recall will notify the Personnel Office. Failure to comply with the foregoing could mean a loss of overtime offering, Supplementary Unemployment Benefits, call-in transfer consideration, or a possible delay in recall. The Company will maintain a service list in each department, in view of all employees, showing the Company service date and the department service date of each member of the department. An employee's hiring date shall be defined as the date of the employee's length of continuous service with first working day for the Employer in a regular full-timeCompany, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority same shall be retroactive to their first day of work changed when required by other clauses in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated not acquire seniority and seniority privileges until s/he completes three months service with the Company, at which time his/her hiring date shall be broken deemed to be his/her Company service date and such service shall be deemed to be "credited service". An employee with three or more months continuous Company service shall enjoy back service credit as set forth in Clause The three months referred to in this clause shall be deemed the probationary period for any of the following reasons: • Voluntary quit • Acceptance of all employees. When a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge full-time employee changes his/her status to a part- time employee, s/he shall receive credit for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent service up to the address that was last provided by the date of change. when such employee • Layoff which either extends: (a) in excess of six (6) consecutive monthsreturns to full-time employment, or (b) s/he shall receive credit only for the period time while employed as a full-time employee. An employee accepting part-time employment in place of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above lay-off shall be considered as a new laid off employee if in determination of credited service while employed as such. An employee who is required to temporarily work less than normal hours due to his/her personal health, shall be considered a full-time employee for the Employer again employs him purpose of accumulating credited service only during such rehabilitation period. An employee shall have job seniority when s/he completes three months of continuous credited service on the job on which s/he is hired or herto which s/he is transferred, at which time his/her credited service shall be deemed to be his/her job seniority. An employee who is transferred to replace an employee on leave of absence under Clause shall be considered an employee on loan for such period. When an employee has job seniority and is transferred s/he shall continue to accumulate job seniority on such job until s/he acquires job seniority on the job to which s/he is transferred. Notwithstanding Xxxxxx and an employee who has job seniority and who is transferred in accordance with Clause and the job on which s/he had job seniority becomes open within two years from the date of his/her transfer from such job shall return to his/her job provided no employee has prior rights under clause The failure employee who thus returns shall be credited with his/her job seniority on such job as of the Employer to rehire said workerafter the loss his/her date of seniority return. This Clause shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If apply where an employee is transferred under and exercises job progression or transfers under within the two years herein specified. An employee shall have residence rights when s/he completes three months of continuous credited service in the department in which s/he is hired into an onor to which s/he is transferred. When it becomes necessary to lay-call or temporary position and later off employees, in a job classification, employees who have no seniority privileges will be laid off first. If after the layoff of such employees a further layoff is awarded a regular full- timenecessary, part-time or casual position, his/her/then employees with seniority privileges will be laid off in accordance with their seniority date shall be as follows: For the date purpose of layoff, there are two types of jobs: Classified General which are listed under a supplemental agreement. In accordance with the employee was awarded the regularposition. If procedures herewith set forth, an employee’s status changes who is subject to layoff from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority datejob will displace the employee with the least amount of credited service among those employees who have less credited service.

Appears in 1 contract

Samples: Agreement

SENIORITY. Seniority shall be defined as employees fails to return to work upon the employee's length expiration of continuous service with a leave of absence or a leave of absence for a purpose other than that for which it was granted; employee has been laid off for eighteen months; employee fails upon being notified of a recall to signify his intention to return within five working days after he has received the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion notice of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit positionrecall, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure fails to report to work after a layoff, within ten (10) calendar working days after written he has received the notice of recall issent recall; employee is absent due to illness or disability which absence continues for twenty-four calendar months from the address time the disability or illness commenced. Effect of Absence It understood that was last provided during an approved unpaid absence not exceeding thirty continuous days' or any approved absence paid by the employee • Layoff which either extends: (a) in excess Hospital, both seniority and service will accrue. During an unpaid absence exceeding thirty continuous calendar days' credit for service for purposes of six (6) consecutive monthssalary increment, vacation sick leave, or (b) other benefits under any provisions of the Collective Agreement or elsewhere, shall be suspended for the period of theemployeethe absence in excess of thirty continuous calendar days, the benefits concerned appropriately reduced on a pro rata basis and the employee's length anniversary date adjusted accordingly. In addition, the employee will become responsible for full payment of service, whichever employee benefits in he/she is less A worker whose seniority is lost participating for any the period of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer premiums for up to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If eighteen months while an employee is hired into in receipt of benefits. Effective April service shall accrue for the initial seventeen weeks from the commencement of the leave if an onemployee is on maternity or adoption leave. Notwithstanding this provision, service shall accrue for a period of fifteen weeks if an employee's absence is due to disability resulting in benefits. It is further understood that during such unpaid absence, credit for seniority for purposes of promotion, demotion, transfer or layoff shall be suspended and not accrue during the period of absence. Notwithstanding this provision, seniority shall accrue during maternity or adoption leave, or for a period of eighteen months if an employee's absence is due to a disability resulting in benefits, or for a period of one year if an employee's unpaid absence is due to illness. Seniority Local Provisions Seniority lists of employees who have acquired seniority shall be maintained by the Hospital for each non-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their interchangeable occupational group. Each list shall show the employee's seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateand his classification.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority shall be defined as the employee's worker’s length of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date and hour on which the employee worker first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacationpaid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. An employee A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • quit; Discharge; Failure to report to work after a layoffLayoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) calendar days after written notice of recall issent is sent to the address that was last provided by the employee • Layoff worker; Xxxxxx which either extends: extends (a) in excess of six twenty‐four (624) consecutive months, or (b) for the period of theemployee's the worker’s length of service, whichever is less less; Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case‐by‐case basis at the sole discretion of management and exercised in good faith; Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. Accepting a position with the Employer in a non‐bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. Seniority A new employee will be considered a probationary employee until he has performed sixty (60) days of work for the Company. A day on which an employee performsfour (4) hours of work or more shall be defined as deemed to be one day worked for the employee's length of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)purpose hereof. Seniority shall not accrue to probationary employees during During the probationary period. However, period an employee will be entitled to no seniority and may be dismissed or laid off at the successful completion discretion of the Company. At the end of the probationary periodperiod the employee will be entered on the seniority list as of the date of his last hiring. For the purpose of applying the seniority provisions of this Agreement, such seniority provisions shall be applied only to the worker’s extent expressly provided in this Agreement. Subject to the provisions of this Agreement, seniority shall be retroactive to their first day by department and plant-wide. An employee with twelve 2) months or more of work seniority who enters a department as a result of hiring, job bidding or a request for transfer, shall establish his seniority in the bargaining unit position, department from the date of entry into such department and shall accrue during his/her/their continuous employment lose seniority in the department he has left. An employee's plant-wide seniority shall be and commence in accordance with the Employer provisions of Article hereof. The Company shall keep departmental and plant-wide seniority lists revised as of January and July of each year and such lists shall be posted by the Company on a notice board to be provided by the Company for that purpose. The seniority lists shall be posted in four (4) sections of the plant including the lunch room and shall contain the employees' name, number and seniority date. Once per year the employees' classification shall be set out. It is the obligation of the Union and employees to bring any errors in such lists to the attention of the soon as possible. Any act taken or done on the basis of the list prior to an error being brought to the attention of the Company shall stand. Any correction of the seniority lists shall take effect from the time of making the correction and such correction shall not operate retroactively. Upon request the Company will furnish the Union and the Shop Chairman every three (3) months with a copy of such seniority list. In filling permanentjob vacancies within the bargaining unit covered by and in cases of decrease or increase of the working force in the plant, the senior employee who is qualifiedto performthe work required shall be selected, retained in employment, or recalled, as the case may be. If a dispute arises as to whether the senior employee is qualified to perform the work required, the Company agrees to meet with the Shop Chairman the Chief Xxxxxxx within two (2) days to attempt to resolvethe dispute before a grievance is launched. "Permanent vacancy" as used in this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority , shall be broken for any deemed to mean a vacancy which the Company desires to fill and which arises as a result of: the death, discharge, promotion out of the following reasons: • Voluntary job, retirement or quit • Acceptance of an employee, or the creation of a position with the Employer that is outside the new bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided job by the employee • Layoff which either extends: (a) in excess of six (6) consecutive monthsCompany, or (b) for any other job which the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall Company requires to be considered as done on a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, partfull-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority datebasis.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority shall be defined as the employee's worker’s length of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date and hour on which the employee worker first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacationpaid time off (PTO), union leave and during any paid leave of absence. An employee A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit quit; Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause Discharge; • Failure to report to work after a layoffLayoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) calendar days after written notice of recall issent is sent to the address that was last provided by the employee worker; • Layoff which either extends: extends (a) in excess of six twenty-four (624) consecutive months, or (b) for the period of theemployee's the worker’s length of service, whichever is less less; • Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; • Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; • Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter worker after the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. Seniority shall The most senior employee making application who meets the first two factors will be defined as selected. The selected employee will be given a period of time to train and become acquainted with the new position. If during the first five days of this period of time the employee wishes not to remain on the new position, the employee will be returned to the former position. However, such employee will be prevented from bidding on another posting to that same job for a period of six months. If found suitable for any given job, an employ- ee’s application for such job will be marked “accepted”. Should the employee prove unable to perform the duties in an acceptable manner, the application will be marked “rejected” and withdrawn from file. Reasons for such rejec- tion to be supplied, in writing, to the Union and the employee's length of continuous service . Employees going on vacation or other approved absences may file a request with the Employer Company to ensure their eligibility and consideration for any permanent vacancy occurring during their absence. The employer agrees to post office Union job postings simultaneously on office and plant job posting boards. Plant employees wishing to be considered for such openings may do so within the posting period provided in this Article. The employer is under no obligation to fill such posted job with a regular full-timeplant applicant. If there are no successful bids on the posted vacancies, part-time employees on the recall list will be recalled in order of seniority. Employees who refuse recall to train under this section shall not lose their seniority nor shall their recall rights to other jobs or casual training opportunities be affected. Where a job posting for a permanent position has not been filled under the above procedures, consideration will be given to probationary employees who have bid on the job. The em- ployee with the earliest start date will be as- signed to the job at the minimum rate for that classification. Any vacancy resulting from a probationary employee being assigned to a job as a result of this provision will be filled by a new hire or another probationary employee. If, after the above procedure, vacancies still remain, the Company will be free to use its discretion in filling the vacancy. When a new job is created in the bargaining unit commencing unit, the occupation will be posted in the plant and filled in accordance with the date on which the employee first began work factors as outlined in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary periodSection If there are no bids received or if there are no qualified bidders, the worker’s seniority shall be retroactive Company is free to their first day of work in fill the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacationvacancy at its discre- tion. An employee shall lose accumulated seniority and seniority shall who bids on a job may withdraw such application at any time by applying in writing to the Personnel Department. The successful bidder will be broken entitled to the vacancy unless such bidder is notified in writ- ing that the vacancy has been cancelled. When the Company determines a vacant job will not be filled, the Company will post a notice advising the employees such vacancy will not . immediately be filled. Section Any employee who is a successful bidder will not be considered for any further vacancy for a period of six months except where such vacancy is in an equal or higher rated category. Similarly, any employee who rejects a transfer to any job will sign a waiver to that effect and will not be considered for the same job for a period of six months. Section Due to the unique operations of the following reasons: • Voluntary quit • Acceptance 3 Making Department, operating requirements from time to time necessitate changes in shift schedules, numbers of a position with shifts and the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateemployees.

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. (a) The purpose of seniority provisions herein is to provide a policy governing layoffs, reduction of employees in a department or job classification, rehirings and job In the event of a reduction of the working force, the Company shall apply the principle of “last on, first off, provided the retained employees have the necessary quali- fications and ability to perform the remaining work, consistent with the Company’s obligation to maintain an efficient working force. Following a layoff, rehiring shall be executed conversely to the outlined layoff procedure, subject to the same conditions. This clause does not apply to those employees from the layoff list in a temporary job, because the acceptance, performance and com- pletion of a temporary job is not a recall to perma- nent employment or subsequently a layoff. Necessary qualifications and ability shall mean in the case of qualifications, the minimum educa- tional qualifications of equivalency, as per present hiring practice (see Schedule No. 7) and abi- lity shall mean the employee has the ability, until proven otherwise, through the current training pro- gram within his department. When exercising seniority rights in another department, ability shall mean the employee must have the ability to do the job within a thirty (30) day training period. Such training shall not be conducted by members of the Bargaining Unit. An employee on layoff and having recall rights shall have the privilege of making application for all job openings which are posted. The Company shall notify the employees with seniority on the layoff list by registered mail, with a copy to the Union. An employee who wishes to be transferred, due to a reorganization which does not involve a layoff, shall regress to the job classification level as determined by his seniority, provided he has the necessary qualifications and ability to perform the job. Seniority shall be defined as the employee's length of continuous service with the Employer in recognized on a regular fullplant-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary wide basis for employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacationagreement. An employee shall lose accumulated with seniority and seniority who is indefinitely laid off due to the shortage of work, in accordance with clau- se (a) of this Article, shall be broken for any given by the Company either the required weeks of notice in writing, detailed in the following reasonsEmployment Standards' Act of Ontario, or severance pay, in lieu of notice, at his regular hourly rate as hereunder stipulated: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoffLESS THAN ONE (1) YEAR'S SERVICE EMPLOYMENT STANDARDS ACT ONE (1) YEAR OF SERVICE, within ten BUT LESS THAN TWO (2) YEARS TWO (2) YEARS, BUT LESS THAN FIVE (5) YEARS OF SERVICE FIVE (5) YEARS, BUT LESS THAN TEN (10) calendar days after written YEARS OF SERVICE TEN YEARS' SERVICE WEEKS PAY WEEKS, PAY WEEKS' PAY OR MORE WEEKS' PAY Employees given notice, and subsequently laid off prior to the specified notice date detailed in the Employment Standards' Act, shall receive the outs- tanding balance as severance pay. When an employee has received severance pay under this clause, and is later recalled within a time interval shorter than the number of weeks for which severan- ce pay was granted, the amount of excess severance pay paid to the employee shall be considered as an advance in pay by the Company and shall be repayable by payroll deduction. An employee who has received benefits under this clause, and who is recalled and laid off again at a later date, shall recei- ve such benefit in relation to his service since date of last recall, provided the initial period of xxxxxx was for thirteen (13) weeks or longer. An employee laid off for a temporary period of time less than thirteen (13) weeks shall be given one (1) week's notice in writing, but shall not be entitled to severance pay. General notices posted on notice boards, listing employees to be laid off in the first instance, their seniority and job classifications and setting forth the effective date of layoff, shall be notice of recall issent layoff, as of the date of posting, to employees losing their employ- ment due to the address that was last provided by application of seniority. Once noti- fied, each employee shall have forty-eight (48) hours to notify the employee • Layoff which either extends: Company, in writing, of intent to exercise seniority, under Article X (a) An employee having been given notice of xxxxxx, who elects to be laid off, rather than exercise seniority rights to replace a junior employee, shall receive own severance pay, according to own seniority, if severance pay applies. The Company may elect to pay severance pay in excess of weekly installments, or in a lump sum. A seniority list shall be prepared and posted by the Company once every six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority Newly hired employees shall be defined as the employee's length considered on a probationary basis for a period of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with thirty days worked from the date on which of hiring. During the employee first began work in a bargaining unit position (on-call, and/or temporary probationary period employees shall not accrue be entitled to all rights and privileges of this Agreement, except with respect to seniority while as set out in this Article. The employment of such positions but shall maintain employees may be terminated at any previously accrued seniority). Seniority shall not accrue to probationary employees time during the probationary periodperiod without recourse to the Grievance Procedure. However, at the successful After completion of the probationary period, the worker’s seniority shall be retroactive to their first day effective from the original date of employment. No employee shall be hired for more than one probationary period he is for an employee who is absence. If the employee or supervisor absent from work in the bargaining unit positionprobationary period, and shall accrue during his/her/their continuous employment with the Employer within probationary period may be extended for an thirty (30) calendar days. be as the bargaining unit covered by this Agreementlength of service of an employee from the most recent date of hire. Seniority shall accrue operate on a bargaining unit wide basis. In matters of promotions and not staff transfers, appointment shall be lost during made of the senior applicant able to meet the normal requirements of the job. Seniority shall be used as a workerfactor in case of demotions, layoffs and recalls, subject to the provisions of this agreement. Seniority shall be bargaining unit wide. In the event of a layoff, employees will be given an opportunity of performing work of less senior employees, provided that they are able to perform that work with a minimum amount of training. No persons shall be laid off for the obvious reasons or purpose of preventing him from becoming a member of the Union. The Company shall maintain a seniority list showing the date upon which each employee’s vacationservice commenced. An employee up-todate seniority list shall lose accumulated be sent to the Union and posted on all bulletin boards every three months. An employee’s seniority and seniority rating shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit reason Discharged and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting Onre-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateinstated.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority Employees who have not completed three hundred and sixty (360) regularly scheduled hours worked within a six (6) month period shall be defined as the employee's length of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)considered probationary employ- ees. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful Upon completion of the probationary period, the worker’s an employee shall acquire seniority shall be retroactive according to their his first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within Company, or date of last rehire, whichever is most recent. The Company and the bargaining unit covered Union may mutually agree to extend the time periods expressed in and the terms of this extension. In recognition by the parties that the purpose of a probationary period is for the Company to evaluate new employees, it is agreed that probationary employees are subject to dis- missal for cause as a probationary employee. For the purpose of this clause the employ- ment of a probationary employee may be discontinued where the Company in its discretion, determines he is unsuitable or unsatisfactory. A probationary employee shall have rights to the grievance procedure except in respect to seniority and job There shall be two (2) types of seniority; namely Company and Department. Seniority will be cal- culated in calendar days and one (1) year of seniority will be equal to three hundred and sixty five (365) days. Company seniority shall start with the employee’s first day of employment with the Company, or date of last rehire, whichever is most recent. Department seniority shall start with the employee’s most recent initial day worked in the department, unless provided for else- where in this agreement. Departments shall be: Pit Operations Coal Plant Operations Maintenance (including warehouse, jani- tors and tool crib) Employees shall accumulate seniority in one department only at any one time, unless pro- vided for elsewhere in this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any If the transfer of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call required by the Company, from one Department to another, for the efficient conduct of operations or temporary position and later is awarded a regular full- timebecause of considerations of health, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed senior- ity in the new Department shall be deemed to on-callbe equal to that which he previously held in the former Department. If On being transferredat the employee’s request (through job bumping, such employee is later awarded a regular full-time, part-time or casual position again, his/her/their shall have no department seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateon entering the new Department.

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. Seniority shall be defined as the employee's length of continuous service with the Employer in a A regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new such an employee if the Employer again employs him or her. The failure of the Employer Railway when: he has his period. he makes himself available to rehire said workerafter the loss of seniority Rail- way for full time employment. Employ- ees not available for permanent employ- ment shall not be subject to the grievance and arbitration accumulate seniority. he has no other outside employment except where such employment may he specifically permitted under provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates It shall not be it cause discipline dis- charge an to seek and/or accept gainful employment while on provided the employee complies with Clause of this to all the A seniority roster of all employees. showing name and date of entry into the service. coming within the scope shall be posted in a place employees concerned. shall he and posted on January of each year. shall be open for correction fur of ninety the date of posting. on of proof of employee his accredited representative. the two tho will work. to by the they start the the will the Factor. All within the shall comprise seniority group. position seniority rights shall the seniority list. An transfer within the position not rights seniority period six If to six relinquish rights. working days' advance notice will be given in the case of a strike or work in the Railway industry, in which case a shorter notice may he given. Employees whose positions are abolished. who are displaced. will, within ten calen- dar clays of notification. exercise their senior- ity over any other junior employee. In the application of this Rule. employees will not necessarily be required to exercise seniority outside of their home station or terminal. Such employees shall notify the appropriate Rail- way Officer of the position to which they will exercise their seniority and shall fill posi- tion within five calendar of the date of notification: that an employee on approved of including annual vacation and bona fide sickness or injury. their position is hired into abolished or arc displaced. may exercise their seniority within calendar days from expira- tion of approved leave of Note: An employee will be considered on laid he hisseniority at his home terminal In order to qualify for Job Security Payments under the Security Agreement, exhaust his seniority on system. notified and returned to work in be of Employees to themselves of this Rule must with proper Officer of the Procedure. In an on-call or temporary is made, the duly accredited representative the employee shall be furnished, upon written request. the for the in writing. An assigned to a position by will receive a full explanation of duties of the position and later is awarded a regular full- timemust demonstrate his ability to perform the work within period thirty calendar days. the length of to he upon character the work. Failing tu demonstrate his ability to do work within the period allowed. he shall be returned to his former position without loss of seniority. Should an employee to dem- onstrate his ability to the work during the period he his Shop will entitled to an explanation in writing from appropriate Officer the Railway. including the lor which shall to in with the declining shall not lase their of within ten their return of including fide sick- ness or injury, part-time or casual position, his/her/exercise their seniority date rights any during their OTHER discipline employees. He shall be a member of the date Union and entitled to provisions of the employee was awarded the regularposition. If an employee’s status changes from full-timeCollective Agreement, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.RULE

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority Section As far as accumulation of seniority is concerned prior to the date of this Agreement, seniority shall be defined as presently recorded by the employee's length Company. section New employees of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees plant shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to be considered as probationary employees during for the first ninety calendar days of their employment, except as provided in subsection below. The ninety calendar day probationary periodperiod shall be accumulative over twelve consecutive months. However, at the successful completion of After employees have finished the probationary period, the worker’s seniority they shall be retroactive to entered on the respective seniority lists of their first day of work in the bargaining unit position, respective classifications and shall accrue during his/her/their continuous employment with rank for seniority from the Employer within date ninety calendar days prior to the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated date upon which seniority is attained, and seniority shall be broken by classification accordingly. There shall be no seniority among probationary employees. New employees of the plant hired as vacation replacements shall be considered as probationary employees for the first one hundred twenty days of their employment. They shall not accumulate time toward the of the probationary period unless and until their employment status is changed from that of a vacation replacement to that of a new employee under subsection If a new employee’s status is changed to permanent, the employee’s time worked will be used to establish the employee’s seniority as a regular employee, and the employee will not be required to serve a double probationary period. Section Seniority shall cease for any one of the following reasons: • Voluntary quit • Acceptance of a position If the employee quits; If the employee is discharged and such discharge is not reversed through the grievance procedure; If the employee is absent for five regular working days without advising the supervisor concerned giving satisfactory reasons; If the employee fails to return to work within five regular working days after notification to do so to the employee’s address on record with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by Company unless the employee • Layoff which either extends: (a) in excess furnishes satisfactory reasons for such failure; If the employee is not called upon to perform work for the Company for a period of six (6) sixty consecutive months, or (b) a time equal to the employee% seniority, if greater; If the employee retires under the pension plan; If the employee accepts a separation payment under the Supplemental Unemployment Benefit Plan effective the date the payment is issued by the Company; If the employee received permanent and total disability benefit under a group life insurance policy held by the Company. The Company will accept as a satisfactory reason under Section and for the period of theemployee's length of service, whichever is less A worker whose seniority is lost absence up to one hundred and eighty days an employee’s conviction for any an offence arising out of the reasons outlined operation of a motor vehicle. Section A seniority list shall be maintained at all times by the Company and shall be made available to the Plant Chairperson for inspection to the extent reasonably necessary. Section The Company shall post revised seniority lists each three months and a copy of same shall be supplied to the Plant Chairperson. An employee who transferred out of the bargaining unit or from a position subsequently included in the bargaining unit at any time prior to December and who is thereafter transferred again to a position included in the bargaining unit shall return to the bargaining unit with a seniority date that represents the seniority the employee had accumulated as of December An employee transferred out of the bargaining unit after December and who is thereafter transferred again to a position included in the bargaining unit shall return to the bargaining unit with a seniority date that represents the seniority the employee had accumulated immediately prior to the employee% transfer out of the bargaining unit. An employee transferred to a position included in the bargaining unit as provided above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject transferred to the grievance shift on which the employee worked immediately prior to transfer from the unit and arbitration shall displace the junior employee on that shift. If the employee% seniority does not entitle the employee to displace the junior employee on that shift the employee shall, seniority permitting, displace the junior employee in the plant and shall enjoy seniority rights in respects according to the provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/Section Notwithstanding their seniority date status Plant Committeepersons shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which event of a be retained returned to work when is available in the employee’s status changed plant, provided they are able and willing to on-call. If such employee is later awarded a regular full-satisfactorily perform the work being done at the time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.

Appears in 1 contract

Samples: Memorandum of Agreement

SENIORITY. Employees shall acquire seniority rights based on the length of service while in the bargaining unit. Regular employees shall not acquire seniority rights during a probationary period of thirty worked days of accumulated service, unless a longer period is mutually agreed upon by the Union and the Company and such agreement will not be unreasonably withheld. This shall be called the probationary period and shall apply to newly hired employees. However, if an employee is continued in employment after such period, seniority commence from the commencement of such continuous employment. In transfers to better paid jobs, demotions, shall be the governing provided the senior employee qualification to perform the work Seniority shall be defined as the employee's length of continuous service exercised on an overall basis with the Employer in a regular full-time, Company’s warehouse and divisional departments. All probationary employees and part-time employees be laid off prior to the lay off of a full time employee. In the event of the closing of a Department, the Company will notify the Union of such closing sixty days prior to such closing taking place. The employee affected in the Department will be trained for other positions in the bargaining unit, based on his or casual her ability, qualifications and seniority. Employees so affected will be paid not less than their rate at the time of the change, for the duration of the Agreement. In the event the Company introduces technological change or in the event of a shift or department closure on a permanent basis but ‘without any resulting lay off out of the bargaining unit concerned, the employee(s) in that job classification and/or shift with the least seniority who are affected be deemed to be redundant and they shall be notified in writing by the Company of such redundancy. Notice in writing to be days prior to such redundancy. Any employee(s) who is declared redundant under this provision shall have the right to exercise their seniority to displace the most junior employee within any shift and any classification of his/her choice provided the employee has seniority and the qualifications and ability to do the job. Any junior employee(s) who is displaced his job under this provision by a more senior employee(s) shall similarly be entitled to exercise his seniority in accordance with of this provision, if further displacement of employee(s) result. The last displaced employee(s) would have the opportunity to remain on the shift from which was displaced, providing there is an operational In the event there is no operational requirement, the Union and the Company will meet to discuss the placement of this/these employee(s). An employee(s) who is displaced in accordance with the above provisions shall be eligible for a period of months from the date of his displacement for recall to that classification from which he was displaced. In the event a permanent or indefinite staffing adjustment is required for circumstances other than those outlined in paragraph “A” of this provision, the Company and the Union will meet to discuss the required adjustments. Should the Union disagree with the Company’s position, the subject may become a matter for grievance and arbitration Seniority records will be made available to the Secretary-Treasurer of the Union on a quarter annual basis. The Company agrees to forward to the Union Office listings of all starts and lefts on .a monthly basis for the preceding month. . The seniority rights of an employee shall be terminated and the employee shall be the Company if the employee: leaves the employ of the Company; is discharged for cause; is absent form work for more than three working days without reasonable cause and without having obtained a prior leave of absence; is from work for more three working days because of sickness or disability without having notified the Company, unless his failure to notify the Company is for reasonable cause; absent form work because of sickness or disability for more than three working days and fails without reasonable cause upon his return to work to produce a certificate from a duly qualified medical practitioner verifying such absence from work due to sickness or disability, when so requested by the appropriate Distribution Manager and/or Industrial Relations Manager. Such certificate showing satisfactory cause of absence shall be as sufficient reason for the absence; fails to return to work after a lay-off within seven days of the delivery by registered mail of Notice of Recall; to return to work upon the conclusion of a leave of absence without reasonable cause; fails to take medical examination by a duly qualified medical practitioner when asked to do so by one of the Warehouse Managers, as follows; Xxxx Xxxxx, Xxxx Xxxxx or Xxxx Xxxxxxx or their incumbent equivalents. is not recalled to work when laid off due to lack of work, his name shall be retained on the seniority lists for a minimum of six months up to a period equal to his seniority date of lay-off, up to a maximum of eighteen months. If an employee is absent from work of sickness or disability, he shall not lose seniority rights except as provided in paragraphs and of this Agreement. When such an employee returns to work, he shall be returned to the position that he held prior to his absence, provided that he possesses the ability and physical to perform the requirements of the job. It is understood that in these circumstances such an employee, who returns to a posted position, shall displace the most recently appointed employee to the classification in question. The Company agrees that it the accumulation of the seniority of an employee who is absent work due to sickness, accident or compensation upon his to work Employees who are promoted to positions not covered by this Agreement shall retain their seniority after promotion for a period of six months. If demoted or transferred to a position within the bargaining unit within this six month period, the time served outside the bargaining unit shall be included in his seniority. If such employee requests to return to the bargaining unit, the six month period, he shall be permitted to do so. Employees demoted because of Department closures or because of the return of persons outside the bargaining unit to the bargaining unit as permitted in paragraph of this Agreement, shall retain their former rate for a period of eight weeks. Persons outside the bargaining unit returning to the bargaining unit as permitted by paragraph of this Agreement shall return to a position no higher than their former position in the bargaining unit commencing with In the date on which the employee first began work in event of a bargaining unit position (onlay-calloff, and/or temporary employees shall not accrue seniority while receive Notice of Lay-off or pay in such positions lieu of notice as set out in the current EMPLOYMENT STANDARDS ACT, as follows: Full-time employees with up to two but less than five years of will receive one week’s notice or one week’s pay in lieu Full-time employees with more than two but less than years of will receive two week’s notice or two weeks’ pay in lieu . Full-time employees with more than five but less than ten years of service will four weeks’ four weeks’ in lieu Full-time employees with more than ten but less than twenty years of service will receive eight weeks’ notice or eight weeks’ pay in lieu employees with more than twenty of service will receive ten weeks’ notice or ten in lieu thereof; Sub-paragraphs (a) and herein shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion be implemented in lieu of the probationary period, the worker’s seniority shall be retroactive to their first day of work provisions contained in the bargaining unit positionCurrent EMPLOYMENT STANDARDS ACT, and shall accrue during his/her/their for employees who have less than three months or more than twenty years’ full-time continuous employment with the Employer within Company, respectively. I The Company has agreed to a severance pay provision as follows: Regular full-time employees with three or more years of continuous service, if terminated for reasons other than cause, will be provided with a severance allowance of one maximum of five Thousand This provision is in addition to any entitlement of and the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacationEmployment Standards Act. An employee who the Company of his intention to terminate his employment be permitted to work for one week subsequent to such notice, provided his work continua to be satisfactory, or the Company may choose to pay the employee a week’s pay subsequent to the notice and terminate his employment. Full time employees who are laid off or voluntarily terminate from the time payroll, shall lose if they so desire, be placed on the part-time payroll and be credited with their accumulated full and if applicable part-time seniority with the Company and seniority shall be broken for any of placed on the following reasons: • Voluntary quit • Acceptance of a position part-time wage scale in accordance with that seniority. (In the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If event an employee is hired into an on-call or temporary position in receipt of Company pension benefits and later is awarded a regular full- time, reverts to part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual the employee w. ill not be eligible for to on-call (except due to layoffthe pension plan), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. (a) An employee, other than anyone hired and designated as temporary, shall acquire seniority status after he/she has been in the employ of the Company for a probationary period of ninety consecutive days. It is understood that in cases of absence beyond ten consecutive days, the Company may extend the probationary period by the total number of consecutive days absent. Seniority shall govern on all occasions when: a lay-off which the Company expects to remain in effect for more than one week occurs provided employees are sufficiently qualified. Sufficiently quali- fied shall be defined deemed to mean that the employee is qualified to perform the normal duties of the job. In the event of a workforce reduction, employees designated as temporary will be termin- ated before any regular employee. a transfer or a promotion to a classifi- cation included in Schedule “A” which the employee's length Company expects to remain in effect for more than thirty days occurs, provided however, that the senior employee has qualifications equal to or better than those of continuous service with other employees. If any such temporary lay- off, transfer or promotion should subse- quently become permanent, or exceed the Employer in a regular full-timestipulated time limits, part-time or casual position in the provisions of this clause shall apply immedi- ately but such application shall be with- out retroactive effect. For the purpose of this Agreement, seniority shall be calculated from the date an employee first enters the bargaining unit commencing under this Collective Agreement with the date on which Company or its predecessor. Employees who leave the employee first began work in a bargaining unit position (on-callunit, and/or temporary employees shall not accrue seniority while in such positions but for any reason, shall maintain any previously accrued seniority)and continue to accumulate seniority for the total period of their subsequent employment with the Com- pany or its predecessor. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the workerAn employee’s seniority shall be retroactive lost upon termination of employment, except that an employee’s lost seniority shall be restored upon if such termination was due to their first day lay-off, provided the lapse of time between the date of termination for such reason and the date of does not exceed eighteen months. This paragraph shall not apply to anyone hired and designated as tem- porary. An employee, other than anyone hired and designated as temporary, who is laid off for two weeks or less as the result of a lay- off which the Company expects to remain in effect for two weeks or less, will be credited with seniority for such period upon return to work from such lay-off. When an employee who has been in a classi- fication for twenty-six or more consec- utive weeks is regressed to a lower classi- fication due to lack of work, he/she will be given four weeks’ notice of such regres- sion or paid at the bargaining unit positionrate of the higher classi- fication in lieu of such notice. When employment offers are made, and shall accrue during his/her/their continuous former employees whose employment with the Employer within Company was terminated during the bargaining unit covered by this Agreement. Seniority shall accrue eighteen months due to lay-off and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority who are qualified for the job or jobs available shall be broken for any of offered employment on the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss basis of seniority accumulated prior to ter- mination. Any person being under this clause shall not be subject to the grievance and arbitration provisions of this Agreementdesignated as temporary. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date The Company shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual under no obligation to on-call (except due to layoff), such a former em- ployee unless he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine she has filed his/her adjusted current address and telephone number with the Company for this purpose, can be reached when the opportunity for employ- ment arises and is available for work when his/her services are required. In the event that a former employee fails to accept other than of a tem- porary nature, the Company may consider that he/she no longer wishes to be re- employed. The Company agrees to post seniority datelists showing the seniority status of each employee and to furnish a copy of such lists to the Union. The Company agrees to alter the seniority lists from time to time and to correct any errors therein whenever proof of error is submitted by the Union or any employee. No change shall be made in the seniority status of an employee without consultation with the Union.

Appears in 1 contract

Samples: Agreement

SENIORITY. Seniority Unit seniority shall be defined as the employee's length of continuous service commence with the Employer in first date of employment to a regular full-time, part-time or casual permanent position in the bargaining unit commencing with unit. Involuntary layoffs will not result in lost time. Time lost as a result of non-compensable leave shall be subtracted from accrued seniority. Time lost shall be subtracted on a full month basis using the date on which the employee first began majority of work days in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)month as the determiner. Seniority adjusted as a result of time lost shall not accrue be reflected on the ensuing November seniority list. (Example: First date of employment from January 1, 1990 less time loss of six (6) months seniority date adjusted to probationary July 1, 1990.) : A seniority list of employees during will be furnished to the Association by November 1st, setting forth the order of seniority by name and by accrued seniority in the bargaining unit. The seniority of more than one employee hired on the same date and having achieved the same accrued seniority shall be determined alphabetically by last name, first name, and middle initial. The Association will be provided a list of terminated employees and newly-hired employees who have completed their probationary period. However, at : Part-time employees shall receive sick leave and holiday pay on a pro-rated basis determined by a fraction the successful numerator of which shall be the hours worked by the employees and seven (7) hours as the fractional denominator. Part-time employees are not eligible for vacation benefits : Each employee and the Association shall have accepted the seniority list in total if no objections have been received within five (5) working days following the distribution of the seniority list. : Seniority acquired by an employee from another bargaining unit may be used in this unit for fringe benefits only and only to the extent that fringe benefits are available under this Agreement. : New employees hired by the District from the outside shall be probationary for the first sixty (60) work days of their work year. Upon success of completion of the probationary period, the worker’s new hire shall attain seniority status. New employees while in their probationary period may be terminated without recourse to the grievance procedure, but shall be retroactive to their first day of work in represented by the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by Association for all other purposes under this Agreement. Employees during their probationary period are not entitled to fringe benefits earned by regular assigned employees not on probation. : Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of and employment in the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee District ended if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.:

Appears in 1 contract

Samples: Bargaining Agreement

SENIORITY. (a) The purpose of seniority is to provide a policy governing work preference, lay-offs and recalls. In the event of a reduction of the working forces, the Company shall apply the principle of "Last on First off' insofar as it is consistent with management's obligations to maintain an efficient working force. Following a layoff, rehiring shall be executed conversely to the outlined layoff procedure. Should an employee be laid off and is not recalled he shall maintain his seniority for a period of three (3) years from the date of layoff. Seniority shall be defined as terminal wide and include all persons working at the terminal and on the terminal payroll. It is further agreed that the maintenance department's seniority shall be separate and not interchangeable with any other department within the Terminal. In all layoffs the Company shall consider (a) seniority of the employee; merit, training, skill and efficiency of employee, and where the qualifications expressed in are relatively equal, the employee's length seniority shall be the determining factor. In the event of continuous service with a layoff, before laying off employees out of seniority order (after acquired) the Employer in a regular full-timeCompany will notify the Union. The Seniority lists for the Maintenance, part-time or casual position in City and Highway departments shall be prepared and posted separately, every three (3) months. Employees shall be considered probationary until placed on the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary seniority list. Such employees shall work under the provisions of this Agreement and shall be employed on a probationary basis for sixty (60) working days, during which period he may be terminated or disciplined without recourse to the grievance procedure. The Company may not accrue seniority while in terminate such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during an employee for the purpose of forcing an additional probationary period. However, at the successful Upon completion of the sixtieth working day, the employee shall either be terminated or placed on the regular seniority list as of the date of the commencement of his probationary period. Employees promoted to Supervisory positions or positions not subject to this Agreement will retain their seniority after promotion for a period of twelve (12) months only. If demoted for any reasons or if they voluntarily request reinstatement to their former position, the worker’s seniority time spent in the supervisory position shall be retroactive included in their seniority rating. Such employee shall forfeit any and all recourse to their first day the grievance procedure as outlined in this Agreement should subsequently be discharged in such a position beyond the jurisdiction of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not This Article is to be lost applied only once for any employee during a worker’s vacationthe term of this Agreement. An employee shall lose accumulated seniority and seniority employee's employment shall be broken terminated for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the If an employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates voluntarily quits; If an employee is hired into discharged and is not reinstated pursuant to the Grievance Procedure as provided in this Agreement; If an onemployee has been laid off and not employed elsewhere and has refused to return to work within twenty-call four (24) hours after being contacted personally. When the employee cannot be contacted or temporary position is employed elsewhere, then the Company will notify the employee by registered mail to his last known address to return to work and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall he will be allowed no more than seven (7) consecutive days from the date the employee was awarded the regularposition. of notificationto report for duty; If he takes employment other than that declared and agreed upon when applying for a leave of absence; If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded absent from work without securing a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number leave of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.absence for more than three (3) consecutive working days;

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority shall The most senior employee making application who meets the first two factors will be defined as selected. The selected employee will be given a period of time to train and become acquainted with the new position. If during the first five days of this period of time the employee wishes not to remain on the new posi- tion, the employee will be returned to the former position. However, such employee will be prevented from bidding on another posting to that same job for a period of six months. If found suitable for any given job, an employee’s application for such job will be marked “accepted”. Should the employee prove unable to perform the duties in an acceptable manner, the application will be marked “rejected” and withdrawn from file. Rea- sons for such rejection to be supplied, in writing, to the Union and the employee's length of continuous service . Employees going on vacation or other approved ab- sences may file a request with the Employer Company to ensure their eligibility and consideration for any permanent vacancy occurring during their absence. The employer agrees to post office Union job postings simultaneously on office and plant job posting boards. Plant employees wishing to be considered for such open- ings may do so within the posting period provided in this Article. The employer is under no obligation to fill such posted job with a regular full-timeplant applicant. If there are no successful bids on the posted vacancies, part-time employees on the recall list will be recalled in order of seniority. Employees who refuse recall to train under this section shall not lose their seniority nor shall their recall rights to other jobs or casual training opportunities be affected. Where a job posting for a permanent position has not been filled under the above procedures, consideration will be given to probationary employees who have bid on the job. The employee with the earliest start date will be assigned to the job at the minimum rate for that classifi- cation. Any vacancy resulting from a probationary employee being assigned to a job as a result of this provision will be filled by a new hire or another proba- tionary employee. If, after the above procedure, vacancies still remain, the Company will be free to use its discretion in filling the vacancy. When a new job is created in the bargaining unit commencing unit, the occupation will be posted in the plant and filled in accordance with the date on which the employee first began work factors as outlined in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary periodSection If there are no bids received or if there are no qualified bidders, the worker’s seniority shall be retroactive Company is free to their first day of work in fill the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacationvacancy at its discretion. An employee shall lose accumulated seniority and seniority shall who bids on a job may withdraw such application at any time by applying in writing to the Personnel Department. The successful bidder will be broken entitled to the vacancy unless such bidder is notified in writing that the vacancy has been cancelled. When the Company determines a vacant job will not be filled, the Company will post a notice advising the employees such vacancy will not immediately be filled. Section Any employee who bidder will not be considered for any further vacancy for a period of six months except where such vacancy is in an equal or higher rated category. Similarly, any employee who rejects a transfer to any job will sign a waiver to that effect and will not be considered for the same job for a period of six months. Section Due to the unique operations of the following reasons: • Voluntary quit • Acceptance 3 Making Department, operating requirements from time to time necessitate changes in shift schedules, numbers of a position with shifts and the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateemployees.

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. Seniority shall be defined as the employee's length of continuous service with the Employer within a division of The Windsor Utilities Commission in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this AgreementAgreement and is not transferable between divisions or any other bargaining unit. Seniority shall accrue prevail in making demotion, transfer for staff reduction, lay-off or recall of any employee to work which in Management’s opinion they are qualified to or which they have performed previously. In the case of and not transfers, by application, seniority will be lost during a worker’s vacationthe governing factor provided the employee, in the opinion of Management, has sufficient ability and qualifications to perform the work available. An employee shall Employees will lose accumulated seniority and seniority shall be broken rating for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure If they resign; If they are discharged; If they fail to report return to work after within the terms of the Recall After Lay-off clause. If employees exceed a layoff, within ten granted of absence (10) calendar days after written notice of recall issent unless they provide a reasonable explanation to the address that was last provided by Commission) or use the employee • Layoff which either extends: (a) in excess leave of six (6) absence for reasons other than originally intended. If they are laid off for a of twenty four consecutive months, or (b) for the period of theemployee's their length of service, whichever is less A worker whose seniority is lost lesser. When employees have been laid off for any business reasons and have returned to work under the provision of the reasons outlined above Recall After Lay-off clause, their seniority shall be considered as a new employee if the Employer again employs him or hersum total of their working time with their Division of The Windsor Utilities Commission excluding lay-off period. The failure of Persons choosing to leave the Employer to rehire said workerafter the loss of seniority shall not bargaining unit may at any be subject transferred back to the grievance bargaining unit consistent with accumulated seniority and arbitration provisions shall enjoy seniority rights accordingly, subject in all respects to the provision of this Agreement, provided they have secured a withdrawal card from the Union. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call A person who has elected to leave the bargaining unit pursuant to Article hereof for more than one year and who subsequently returns to the bargaining unit not have accumulated seniority out of the unit for the purpose of job posting under Article Employees transferring from one Division (or temporary position bargaining unit) to as a result of a job posting shall retain seniority in the Division (bargaining unit) they posted out of and later is awarded a regular full- time, part-time or casual position, his/her/begin to seniority in their seniority date shall be new Division (bargaining unit) on the date of closing of the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateposted position.

Appears in 1 contract

Samples: Agreement

SENIORITY. Seniority In laying off employees not as Tradesmen, plant seniority shall govern and the last of these employees hired shall be defined the first laid off. In laying off employees classified as Tradesmen, seniority shall govern and the last employee hired shall be the first laid off within the specific trade in which the employees are classified and in which the employee's length -force is being reduced. These employees shall have the right of continuous service with exercising their plant seniority before being laid off. When increasing the Employer work force in jobs not classified in Trades, seniority shall govern and the last of these employees laid off shall be the first recalled. When increasing the work force in jobs classified in Trades, seniority shall govern and the last of these employees laid off shall be the first recalled within the specific trade in which the employee was classified and in which the work force is being increased. It shall be the laid-off employees’ responsibility to notify the Company of any change of address. Employees recalled will be allowed a regular fullreasonable time to report for work. In making transfers, except to occupations excluded by Clause 1 of this Agreement, seniority shall govern, provided the eligible employees have approximately equal ability or efficiency. Seniority rules shall not apply to making transfers to occupations excluded by Xxxxxx Any employees who are transferred or promoted to an occupation excluded by Clause 1 of this Agreement shall continue to accumulate seniority for a period of six months and retain that seniority. However, it is agreed that no employee so transferred, upon his return to the bargaining unit, shall displace or cause any lay-time, part-time or casual position off of an employee in the bargaining unit. Notwithstanding the above, seniority shall not be for any employees transferred or promoted to an occupation excluded by Clause 1 of this Agreement after July and who are returned to the bargaining unit commencing more than six months after having been transferred or promoted to an occupation excluded by Clause 1 of this Agreement. It is understood, however, that service shall be Any employees (not in excess of two who leave the employment of the I Company to become officers of the Bakery, Confectionery and Tobacco Workers International Union, or of its Locals, shall retain and accumulate seniority. Upon their return, they shall be entitled to a rate of pay commensurate with the date group rate of the job they held at time of departure. Notwithstanding anything to the contrary contained in this Agreement, all employees are hired on which the employee first began work in a bargaining unit position (on-callprobation and, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the they are to be considered probationary employees only and, as such, during this period, the worker’s these employees shall have no seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) rights except for the period purpose of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not posted job vacancies and may be subject to discharge at the grievance and arbitration provisions sole discretion of this Agreementthe Company without any recourse to the Grievance Procedure. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- timeUpon completion of two months service, part-time or casual positionthey shall, his/her/their if retained, be entitled to seniority dating from date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateoriginal employment.

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. Seniority The Company will maintain a seniority roster for all Employees who are not disabled and are not under JWOD. These Employees shall be defined as operate under a "last hired, first fired" seniority roster. It is expressly understood and agreed between the employee's length Company and the Union that seniority rights of continuous service with the Employer in a regular fullnon-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary disabled employees shall not accrue take precedence over the disabled employees and workers hired and employed under JWOD. It is the intent and purpose of the Company to hire as many qualified disabled workers as employees as possible. A non-disabled Employee who is displaced by a disabled person or terminated as the result of the hiring of a disabled person shall not have a right to grieve or arbitrate any matter relating to such displacement or termination. It is agreed that the Company and the Union meet for the purpose of establishing seniority while list for Employees in the unit at the time of the signing of the Agreement. The seniority list will be based upon official records of the Union, of the Company, and state and federal agencies. Not later than fifteen (15) days prior to the expiration of the Company's vendor contract covering any facility, the Company shall furnish the Union and the successor contractor a list of its current Employees together with their dates of hire and the dates their last vacation pay was paid by the Company. The following Sections in this Article shall become applicable and shall be in force and effect upon the establishment of the seniority lists. In the event that the Company finds it necessary to lay off Employees for any reason,such positions layoffsshall beon thebasis of seniority, the least senior in inverse order will be first laid off. After, and subject to, assignment and scheduling of disabled persons, Employees will have the right to select available work schedules by seniority in job assignments for which they are qualified. For purposes of one's placement on the seniority lists, and otherwise, the following shall be considered, but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent subordinate to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployeeEmployer's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer commitment to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.persons with disabilities:

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. Seniority shall be defined as is the employee's principle of granting preference to employees in accordance with the length of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)Employer. Seniority shall not accrue to probationary during lay-off with the exception of cafeteria employees who will accrue seniority during the school shut down periods. New employees shall serve a probationary period. However, at the successful completion period of the probationary period, the worker’s sixty days worked before acquiring seniority rights which shall be retroactive then date back to their first day respective date of starting to work in the bargaining unit positionunit. August RATIFIED: 8 May Seniority accumulation for part-time and seasonal employees shall accumulate based on shifts worked. Nothing herein shall seasonal employees to seniority accumulated prior to November Probationary employees who are discharged during the probationary period shall not have recourse to the Grievance Procedure. In the event of lay-off or recall from lay-off, and subject to Article below, the employee with the greatest seniority will be the last to be laid off and, conversely, the first to be recalled from lay-off. For purposes of this article, a lay- off means a lay-off for more than five working days. New employees shall accrue during not be hired until those laid off have been given the opportunity of recall, provided that they are qualified to do the work. For the purposes of lay-offs and recalls the parties three distinct geographic areas and that the classifications covered by the Collective Agreement will be grouped into the following four classifications: Custodian (Including Warehouse Staff ⚫ Maintenance and Labour Bus Driver Cafeteria Employees in the Warehouse classifications may exercise their seniority to bump into their former classifications. An employee hired from outside may bump into the custodial classifications to avoid lay-off. A full-time employee about to be laid off and with sufficient seniority, will have the option of accepting reduced hours in order to remain at his/herher specific location, or may bump the junior full-time employee in the same classification and rate of pay in his/her area. If no employee has less seniority and the same rate of pay of the employee about to be laid off, may bump the most junior employee in the next lower paid job in his/her geographic area and within the same classification. Failing sufficient seniority to retain a position in his/her own geographic area, the employee may bump, as above, plant wide, or may choose to accept a lay-off. Part-time employees about to be laid off may exercise their continuous seniority as above in the part-time positions. For purposes of this Article, a part-time employee is defined as an employee regularly employed to work for not more than twenty-four hours per week and a part-time position is one normally filled by a part-time employee. Seniority lists will be supplied to the Union and posted on the bulletin board in October of each year of this Agreement. Seniority, once established for an employee, shall be forfeited under the following conditions and the employee’s employment with the Employer shall be deemed to be terminated: if voluntarily quits; if is discharged for any cause and not reinstated through the Grievance Procedure; if fails to report for duty after a lay-off or leave of absence in accordance with the provisions of this agreement; August RATIFIED: 8 May if twenty-four months have elapsed from the day of lay-off; or if is absent from work for more than three working days without notifying the Employer. When recalling an employee after lay-off shall be notified by registered mail or telegram and allowed five working days to report for work and, in the meantime, if an employee is recalled and is not immediately available for work, other employees in seniority standing shall be recalled, but shall be temporarily employed until the senior employee reports within the bargaining unit five day period as outlined. An employee receiving a registered letter or telegram in accordance with this Article must contact the Personnel Department within forty-eight hours of receipt of the notice to return to work if wishes the Employer to hold the job open for him/her for the full five day period. It shall be the employee’s responsibility to keep the Employer notified as to changes of address and their telephone numbers so that they will be up-to-date at all times. The Employer may contact the employee by telephone, or by personal contact, when notifying the employee to return to work. However, the time limits referred to above do not take effect until receipt of notification in writing. In the event an employee is suspended as a disciplinary measure, shall retain all seniority rights without interruption during the penalty. Those promoted to supervisory positions, or those positions not covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated , will retain their seniority and seniority after promotion and, if transferred back into the bargaining unit, the time served in the supervisory position shall be broken for any included in their seniority standing up to a maximum of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside six months. Any such employee returning to the bargaining unit and shall not covered bythis Agreement • Discharge for just cause • Failure to report to work after displace any employee with greater seniority. Where the Employer is aware that a layofflay-off will take place, within ten (10) calendar days after written it will give five working days’ notice of recall issent the lay-off to those persons affected and to the address that was last provided by Union, unless the employee • Layoff which either extends: (a) work assignment does not exceed five working days. The Union shall be informed in excess writing of six (6) consecutive months, employees recalled for five working days or (b) less. The above notices of lay-off and recall shall not apply to cafeteria employees who have a known work schedule for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or hercomplete school year (September to June). The failure of work schedule shall encompass the Employer school year as provided in the Education Act as amended from time to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual positionless the days designated as Professional Development/Activity days, his/her/their seniority date shall be and the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which days designated as examination days where the employee’s status changed services may not be required. The Employer will endeavour to on-call. If such employee is later awarded a regular full-timegive adequate notice to employees required to work on Professional Development/Activity days, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateand days designated as examination days.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority shall (a) A newly hired employee will be defined as the employee's length considered on probation until after has completed forty-five (45) days of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position within any twelve (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)12) calendar months. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful Upon completion of the such probationary period, the workerfulltime employee’s name will be placed on the appropriate seniority shall list with seniority dating from the date was last hired by the Employer. A new hired part-time employee will be retroactive to their first day considered on probation until after has completed hours of work in the part- time bargaining unit positionwithin twelve (12) calendar months. Upon completion of such probationary period, the part-time employee’s name will be placed on the appropriate seniority list with seniority dating from the date the part-time employee was hired by the Employer. If more than one employee commenced employment on the same starting date and shall accrue during his/her/their continuous employment if any dispute arises concerning Seniority, the employee with the Employer higher number of hours worked will have the higher seniority. Both parties recognize the principle of promotion within the bargaining unit covered by this Agreementservice of the Employer and the job opportunity should increase in proportion to length of service. Therefore, in making staff changes, transfers, or promotion, appointment shall be made of the applicant with the greatest seniority having the necessary qualifications and ability to perform the work required. Seniority shall accrue lists containing the names of all employees and not their respective dates of hiring will be lost during a worker’s vacation. An employee shall lose accumulated seniority posted on the Union Bulletin Board and seniority shall will be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of revised every six (6) consecutive monthsmonths (January and July of each year). It is agreed that the Chairperson will be advised as soon as an employee commences employment as to their classification and hiring date. If there are no written complaints concerning the seniority list in the first sixty (60) days following its posting, or the list shall be deemed to be accurate. Complaints raised after the sixty (b60) day period will be addressed effective the date they are raised, and the Employer shall have no liability for decisions and actions taken based on the period of theemployee's length of service, whichever is less A worker whose posted seniority is lost for any list. The Employer will supply the Union Committee members and Stewards with sufficient copies of the reasons outlined above shall be considered Seniority List as well as forwarding a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject copy to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateLocal Union Office.

Appears in 1 contract

Samples: Agreement

SENIORITY. Seniority shall be defined as the employee's length of continuous service with within the Employer in District as a regular full-time, part-time or casual position in member of the bargaining unit commencing with unit. Accumulation of seniority shall begin on the employee’s first working day. In the event two or more persons have the same starting date of work, positions on which the employee first began work in seniority list shall be determined by lottery. Seniority for employees hired after July 1, 2000, having the same starting date shall be determined by lottery within thirty (30) days of hire date. Seniority placement for those affected will be permanent. Those affected employees and a bargaining unit position (on-call, and/or temporary GSSSA representative will be invited to be present when lottery determination occurs. New employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to be considered probationary employees during the until they have completed a probationary periodperiod of thirty (30) workdays. However, at the successful Upon satisfactory completion of the probationary period, the worker’s seniority shall be retroactive to their the first day of work. For the purpose of this provision, all employees shall be placed in one of the following classifications based on their current assignments: Bus mechanic Assistants Xxxx Nurse Courier Custodial/Maintenance Personnel Secretary Clerical Mechanic Helper Paraprofessional* Interventionist *Paraprofessionals will be defined as Certified School Readiness, Certified Title I, Certified Interpreter (language, signing), Licensed Building Trades, Certified One/One Nurse, RTC Coordinator, and In School Suspension Coordinator. The employer will develop Job descriptions for each classification with the Association being given the opportunity for input. The Board shall prepare, maintain and post the seniority list. The seniority list shall be prepared and posted conspicuously in all buildings of the District within thirty (30) days after the effective date of this Agreement with revisions and updates. The list shall be updated monthly thereafter and a copy provided to the Association Treasurer and President. State and Federal programs and statutes shall be observed where applicable for specially funded programs. Except where prohibited, all employees shall receive seniority rights as provided in this Agreement. Any employee who has been incapacitated at his regular work by injury or compensable occupational disease while employed by the Board, or injured in a work or non-work related accident may return to a light duty assignment or other work in any classification that is operated by the bargaining unit positionBoard provided such assignment or work is available. Said assignment shall be at the employee’s regular rate of pay. Seniority shall be lost by an employee: Upon termination, and shall accrue during his/her/their continuous employment with resignation, or retirement; Discharge permanently for proper cause after receiving due process; Absent for three (3) consecutive days without notifying the Employer within immediate supervisor, unless satisfactory reason is provided; Seniority will be frozen as of the bargaining unit date an employee transfers to a classification not covered by this Agreement until he returns to a classification covered by this Agreement. After three consecutive years of being laid-off. Seniority shall accrue be frozen and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject accrue when a person is on unpaid leave of longer than thirty consecutive (30) workdays. Bargaining unit members using donated days to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they replace unpaid leave will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority datestill constitute unpaid leave.

Appears in 1 contract

Samples: Agreement

SENIORITY. Each employee who has completed his/her probationary period and whose work falls within the specified area of Bargaining Unit work shall have seniority standing in the plant. Preferred seniority status will be granted to Table Officers (maximum of The Union Local for the sole purpose, in the event of a reduction in the work force for ensuring that The Union will have proper representation as long as Bargaining Unit employees are required to continue working. Employees with preferred seniority may be transferred from job to job or department to department when necessary because of reduced operations. In no case shall The Company be under obligation to maintain employment of the preferred employees if they are not capable of performing the work available. The Union will provide to Management in writing the names of the Table Seniority of each employee covered by this Agreement shall be defined established after a probationary period of hours during a six month period and shall count from a date eighty working days prior to the completion of the eightieth working day of the individual’s employment. Employees shall be regarded as the employee's length of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary probationary employees until they have acquired seniority as above provided. Probationary employees shall not accrue be entitled to seniority while rights and shall be subject, without recourse, to termination due to inability to perform the work required or for just cause. Plant-wide seniority lists shall be posted quarterly in such each department. The Local Union President shall receive twelve copies of these lists. All vacancies for positions and newly created positions in the Bargaining Unit as listed in Appendix “A” which must be filled for forty-five calendar days: sixty days for openings resulting from a medical leave, or longer shall be posted for eight hours on the special posting board. Temporary vacancies created as a result of a medical leave will be filled by the most qualified applicant. The qualified applicant will be required to assume the same hours of work as the employee they are replacing. Employees may make application in writing stating their qualifications, skill and ability to perform the function. Employees may qualify as follows: All vacancies for the weekend shift shall be filled by recalling in accordance with seniority, employees who are qualified to perform the work. If there are not enough qualified employees the will be posted. Weekday employees will also be given the opportunity for but shall maintain any previously accrued seniority)will not be forced to accept. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion A list of the probationary period, the worker’s seniority shall applicants will be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent given to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateunion.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority shall be defined as For the employee's purpose of this Agreement and unless otherwise stipulated herein, “seniority” means the length of continuous service in the bargaining An employee acquires his seniority rights effec- tive on the date on which he completes three months of service in the bargaining unit, within a period of twelve consecutive months. At the end of this probationary period his seniority shah be counted retroactively to his last hiring date in the bargaining This probationary period may be extended by mutual agreement between Management and the Union. Until he has acquired seniority rights, an em- ployee may be discharged for cause without having the right to grieve against such discharge. Whenever an employee with acquired seniority rights is away from work on a leave of absence or because of a disciplinary suspension or illness or injury or any other justifiable reason, his seniority shall accumulate dur- ing such an absence, unless otherwise stipulated in the present Agreement. Whenever an employee is laid off, his seniority shall continue to accumulate during such period of time that his name appears on the recall list. Whenever an employee is promoted to a clas- sification excluded from the bargaining unit for a cumula- tive maximum period of nine months, his seniority is maintained but does not accumulate there is a mutual agreement to the contrary between the parties. If this cumulative maximum period is exceeded, his seniority is lost. Whenever such an employee is returned by Manage- ment to the bargaining unit, he shall have the right to exer- cise his acquired seniority rights in the he held immediately prior to his transfer outside the bargain- ing if there is in such classification an employee with less seniority. If there is no such employee with less senior- ity or if the classification no longer exists, he shall then be considered as displaced and may exercise his acquired se- niority rights in accordance with the Employer present agreement Employees excluded from the bargaining unit who have not occupied a classification within the bargain- ing unit on or after September have no seniority rights in virtue of this article unless otherwise mutually agreed to by both parties. If, after the signature of this agreement, they were transferred to the bargaining unit, they would, for purposes of seniority, be considered as new employees, except that such employees, would have the right to displace probationary employees, whose work they are qualified to perform. Notwithstanding any contrary provision herein, an employee with acquired seniority rights who is away from work on a regular full-timeleave of absence or because of illness or injury or disciplinary suspension or any other justifiable reason is considered as an incumbent to this classification. Upon his return to work, part-time he xxxx automatically resume said unless he is unable to satisfy the normal requirements of the work to be performed within a reason- able delay; if this should happen the stipulations of para- graph or casual position would apply. However, if during such absence changes in the person- nel of his have occurred through the applica- tion of the seniority provisions of this agreement, he shah be considered as being displaced unless there is an incum- bent with lower seniority in said classification. The seniority list of all employees presently in the bargaining unit commencing with has been agreed to by both parties and may not be modified except as provided for in this article. When two or more employees have the date same seniority date, their names will appear on which the seniority in order of the permanent punch card number taking into consideration article the employee first began work in a bargaining unit position (having the lower permanent punch card number having the highest senior- ity and so on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall xxxx lose accumulated his seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.rights:

Appears in 1 contract

Samples: negotheque.travail.gc.ca

SENIORITY. Seniority shall be defined as The purpose of seniority is to provide the employee's length order of continuous service with the Employer in a regular full-timelayoffs, part-time or casual position recalls, filling job openings in the bargaining unit commencing with unit, vacation scheduling, and the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day allocation of work as specifically provided for in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Separate seniority lists will be maintained for each location. In all applications of seniority it is agreed that seniority will be subject to the qualifications of the senior employee to do the job available, and when this factor is relatively equal seniority shall govern. The seniority list, containing the names and starting dates of employees will be prepared and posted on the bulletin boards in the office every three (3) months with sufficient copies for Stewards and Business Representatives. Seniority shall accrue lists containing the names and not addresses of employees as contained in the records of the Company will be lost prepared and forwarded to the Local Union office annually during a worker’s vacationSeptember of each year. An employee shall lose accumulated be considered probationary until placed on the appropriate seniority list. Such employee shall work under the provisions of this Agreement and seniority shall be broken employed on a probationary basis for ninety (90) calendar days during which period he may be terminated or disciplined without recourse to the Grievance Procedure. The Company may not terminate such employee for the purpose of forcing an additional probationary period. Upon completion of the ninetieth calendar day, the employee shall either be terminated or placed on the appropriate seniority list as of the date of commencement of his probationary period. Employees promoted to management positions or positions not subject to this Agreement will retain their seniority after promotion for a period of ninety (90) calendar days only. demoted for any reason or if they voluntarily request reinstatement to their former position, the time served in the management position shall be included in their seniority rating. Such employee shall forfeit any and all recourse to the Grievance Procedure as outlined in this Agreement should he subsequently be discharged in such a position beyond the jurisdiction of this Agreement. This Article is to be applied only once for any employee during the term of this Agreement. An employee’s employment shall be terminated and he shall lose his seniority standing and his name shall be removed from the seniority list for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.:

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. SECTION 1 – RULES FOR SENIORITY Seniority shall be defined as is an exclusive right and under the employee's length jurisdiction of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion Local 1182 of the probationary periodAmalgamated Transit Union. In the event there are multiple employees hired on the same date, the worker’s seniority shall be retroactive based on the date and time the employee starts their training with Independence Plus. A seniority roster covering all employees shall be posted in a place accessible to their first day all employees. The roster shall show the employee’s name, classification and last date of hire. If the Union determines that an employee shall loose seniority for not being a member in good standing of A.T.U., Local 1182, the Employer shall be notified in writing by the Union of the change and the intended impact on the employee’s seniority rights. The Employer is not responsible for any decision made by the Union with regards to seniority rights. The seniority roster shall be revised in January of each year. Any objections pertaining to the seniority roster shall be made within thirty (30) days. All objections shall be filed with the Union Executive. In all cases where employees are equally qualified, seniority shall prevail in overtime assignments, selection of work assignments, promotions, dealing with applications for leave of absence, selection of vacation periods, and in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit laying off or re-hiring of employees. Any employee promoted to a position not covered by this Agreementagreement shall retain and continue to accumulate seniority in the group from which promoted for a period of ninety (90) consecutive days, provided the employee pays all Union dues, fines and assessments during the ninety (90) consecutive days. Seniority shall accrue and not be lost during a worker’s vacation. An During this ninety (90) consecutive days, the employee shall lose accumulated seniority and seniority shall be broken has the right to revert back to their former position, giving sufficient notice for any of replacement in the following reasons: • Voluntary quit • Acceptance of a position event the employee is dissatisfied with the Employer that is outside new position, and/or Management also has the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure right to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by place the employee • Layoff which either extends: (a) in excess of six (6) consecutive monthstheir former position should, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while solely in the on-call position but will maintain seniority accrued up tothe date on which opinion of Management, the employee’s status changed services in the new position be unsatisfactory. In considering any application for a department transfer by a present employee, the Employer shall be expected to on-callconsider only the experience or qualifications which are outlined on the application form. If In addition, the employee’s job performance shall be considered. After such employee has served ninety (90) consecutive days in such temporary classification and provided their work is later awarded satisfactory to the Employer, they shall, at their request, be allocated a regular full-time, part-time or casual permanent classification. Seniority in the previous department is lost after the ninety (90) day temporary period and seniority in the new position again, his/her/their seniority date will be adjusted by addingthe number shall begin as of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority datethe day the employee transferred to the new department.

Appears in 1 contract

Samples: Agreement

SENIORITY. (a) There shall be four (4) separate Full-time Seniority lists for the Ottawa Branch: Division Seniority Armoured Division Seniority Money Room Division Seniority Master full-time all divisions seniority list (for lay off or demotion) Seniority shall be defined as the employee's length of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with determined by the date on which employees become full-time employees. Armoured Seniority shall be determined by the employee first began work in a bargaining unit position date on which employees become full-time Armoured employees. Money Room Division Seniority shall be determined by the date on which employees become full-time money room employees. There shall be one (on1) full-call, and/or temporary time seniority list for the Cornwall Branch. There shall be three (3) separate part-time date of hire lists: Ottawa and Armoured Ottawa Cornwall and Armoured Part time employees shall not accrue have seniority while rights for the purpose of scheduling of hours and days of work. The scheduling of part-time hours will be dependent on the qualifications and the ability of the part-time employee to do the work. Part-time employees will be scheduled from a part-time availability sign-up list. With respect to scheduling part-time employees, the Employer will equalize the hours worked by part-time employees, endeavouring to recognize seniority, customer requirements, and operational needs. Part-time employees will be required to be available to work a minimum of two (2) weekend shifts per month. (Weekend consisting of Saturday and Sunday shifts) Whenever the guaranteed number of hours of work per week shall be regularly available to a single part-time employee, in such positions but excess of the regularly scheduled work then guaranteed to full-time employees and exclusive of relief work performed for employees who are absent or on vacation, emergency and special Sunday, and holiday work, then another employee will be added to the list of full-time employees. Newly hired employees shall maintain any previously accrued seniority). Seniority shall not accrue to be considered as probationary employees during the probationary periodfirst ninety (90) days of their employment. However, at During this period they may be terminated without recourse to the successful completion grievance and/or arbitration provisions of the probationary period, the worker’s seniority shall be retroactive this agreement. Any employee who has been promoted to their first day of work in a higher classification outside the bargaining unit and after a reasonable trial period not to exceed six (6) months, does not meet the EMPLOYER’S requirements for the new position, or the employee wishes to return to his former position, he shall be restored to his former position and shall accrue retain his seniority therein. The foregoing shall be applied only once to any individual employee during his/her/their continuous employment with the Employer within the bargaining unit covered by term of this Agreement. Seniority shall accrue and not be lost during a worker’s vacationagreement. An employee shall lose accumulated seniority and seniority shall be broken for in any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.events:

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. (a) For the purpose of layoff and recall, the principle of seniority is hereby established for employees in the bargaining unit. (b) Seniority shall be defined as established after an employee has worked in an established represented classification a period of "ninety (90) cumulative working days within a nine (9) month period." Any employee who acquired seniority prior to this Agreement will retain the seniority date currently assigned. Any employee hired or rehired after the date of this Agreement will acquire seniority in accordance with the paragraph above. For example: If an employee starts in January, he has until the end of September to qualify for seniority. If at the end of September he has not qualified for seniority, then the nine (9) month period is extended to the month of October, and the month of January is dropped. (c) An employee's length of continuous service with seniority under this Article shall be terminated under the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which following conditions: 1. If the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)is discharged for cause. Seniority shall not accrue to probationary employees during 2. If the probationary periodemployee quits. However, at 3. If the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure fails to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to at the address that was last provided time specified by the employee • Layoff which either extends: Employer or within forty-eight (48) hours (Saturday, Sunday and holidays excluded). (a) The Employer will place his recall order with the Union, naming employees eligible to be recalled for such order by Seniority List. The Employer shall at the time of placing such order send the "Official Notice of Recall" to such eligible employee in excess the manner covered in Item 3.5 (c) (3) (d) below. Upon receipt of six such "Notice of Official Recall" the employee must report for work within forty-eight (648) consecutive months, hours or suffer loss of seniority. (b) The Union shall make every reasonable effort to notify the employee by telephone of his recall and time to report to the Employer. (c) Employees contacted by the Union shall make every reasonable attempt to report for work at the period time specified by the Employer. (d) A list of theemployeethose employees not contacted by the Union, and those contacted who inform the Union they are not answering the recall, shall be given to the Employer within twenty-four (24) hours after the Union receives the recall order. The Employer shall then notify the employee (unless "Notice of Recall" is sent under Item 3.5 (c) (3) (a) above) by telegram, Certified or Registered letter to the employee's length last address on record. The Employer shall notify the Union, in writing, within two (2) working days, of service, whichever receipt of an unacknowledged letter. It is less A worker whose seniority is lost the employee's personal responsibility to maintain a current address and telephone number with the Employer and the Union. Upon receipt of such "notice of recall" the employee must report for any work within forty-eight (48) hours or suffer loss of seniority. Individual problem cases shall be handled on their merit by the reasons outlined above Employer and the Union. 4. Any employee absent for three (3) consecutive work days or more without notification and furnishing a justifiable reason for such absence shall be considered as a new employee if the Employer again employs him to have voluntarily terminated his employment. Exceptional cases will be handled on their merit. Employees on Employer-approved leave of absence or her. The failure of the Employer to rehire said workerafter the loss of seniority industrial injury shall not be subject to this provision. 5. If the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded laid off for lack of work from the Employer's active payroll for a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call period of one (except due to layoff1), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.

Appears in 1 contract

Samples: Todd Shipyards Corp

SENIORITY. Seniority as referred to in this Agreement shall be defined as the employee's mean length of continuous service with the Employer at its warehouse operations in a regular full-timeToronto and Ontario, part-time or casual position in from the bargaining unit commencing employee's last date of hire. It shall have relevance only where specifically set forth and explained with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)respect to how it is to be applied. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent Subsequent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions signing of this Agreement, and every six months thereafter, a seniority list shall be posted by the Employer. Adjusting On-Call/Temporary Employee Seniority Dates Employees will have two weeks following such posting to clarify any disputes with respect to such seniority after which the list shall be accepted by the Union and all employees as correct. If an employee is hired into the bargaining unit with recognized company service accumulated outside the bargaining unit, such service will be recognized for the purposes of wage and benefit administration and entitlement. In the event that an onemployee elects to bump into the bargaining unit pursuant to Article from other Distribution Centre buildings, previous service earned at that Distribution Centre will be recognized by the Employer as if earned under this collective agreement, for all purposes under this collective agreement. It is further understood that all members of the bargaining unit employed by the Employer as of the date of execution of this Agreement shall receive full recognition for any service which may have been earned at the Employer's City View Distribution Centre for all purposes under this Collective Agreement. An employee shall be considered on probation and shall have no seniority until he has worked sixty (60) consecutive working days in the bargaining unit. Upon completing such period the employee will be placed on the seniority list as of his last date of hire. An employee on probation shall hold no seniority and the employer shall have the right to discharge, demote, suspend, reprimand, lay off or otherwise discipline a probationary employee providing they act in good faith and in a non-call or temporary position arbitrary manner When filling permanent vacancies and later on lay the skills, ability, dependability and qualifications of employees together with the results of any tests deemed by the Employer to be relevant shall be given consideration. If there is awarded a any choice to be made between two employees who are otherwise relatively equal, the employee having the greater seniority shall receive the preference. In all instances, regular full- timefull time (Material Handlers, partMaintenance and full-time split case) will be given first preference by seniority and then material processors. Recalls from lay off will be conducted by seniority if the employee is capable of doing the job. Regardless of seniority, the Chief Xxxxxxx will be the last employee laid off and the first to be recalled. When the work force is reduced, employees will be laid off in the following order: material processor and regular full time. Permanent vacancies are defined as vacancies that are expected to or casual positiondo last in excess of thirty (30) days. Employees within the bargaining unit shall have the opportunity to apply in the event a permanent vacancy in the bargaining unit occurs, his/her/their seniority date subject to the criteria set out in article To facilitate such applications any such vacancy shall be the date the employee was awarded the regularpositionposted for a period of two full clear working days. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date There will be adjusted a maximum of three for a vacancy the original posting to fill the vacancy and the two subsequent for the vacancies created. Any further vacancy that occurs after the second subsequent posting may be filled by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority datethe Employer without posting. Should the successful applicant to a posting be unsatisfactory, he shall be returned to his former job and the vacancy may be filled from other applicants if any are qualified without further posting.

Appears in 1 contract

Samples: Collective Agreement

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SENIORITY. (a) Seniority is determined by the length of service of an employee with the Company since the date of most recent employment, subject to the following provisions. In all job vacancies, layoffs and preference shall be given to employees in accordance with their length of service with the Company, providing the employee has the capability of satisfactorily perform- ing the job at the time the job vacancy, layoff or recall occurs. If a question arises as to whether an employee can satisfactorily perform the job, a “refresher” period with proper instruction of up to five working days will be allowed for the employee to demonstrate that he can do the job. It is understood that an employee will not be trained for the job to which he may “bump” or to which he may be recalled from layoff. Where, during a reduction in the workforce, a displaced employee is unable to “bump” in accordance with above, such employee shall exercise his seniority to displace a less senior employee working on a similar machine type and receive a training period of up to five working days. If there is not a less senior employee working on a similar machine type, such employee shall displace a less senior employee in Manufacturing and receive train- ing according to the following schedule: Job Classes up to five working days Job Classes up to fifteen working days Job Classes up to thirty working days An employee who is unable to perform the work upon completion of his training period may exercise his seniority to displace the least senior employee in the “labour pool” or, if no “labour pool” exists, shall be placed on the lay-off list be subject to recall. It is understood that Manufacturing personnel shall not displace trades and craft personnel, unless fully qualified; nor shall trades and craft personnel displace manufacturing personnel unless such displacement is the result of a reduc- tion in the work force in the respective skilled trades area or is due to bona fide medical reasons. It is that trades and craft personnel shall not be considered for temporary or permanent postings in unless such bid results from a reduction in the work force in the respective skilled trades area or is due to bona fide medical reasons. Trades and craft personnel shall include Plant Electricians, Plant Electricians Industrial Mechanics, Xxxxxxxxxxx, Pipefitter-Millwrights, Welder-Millwrights, and Lift Truck Mechanic; excluded are Repairmen, Lubri- cator Inspector and Roll Grinders. When there occurs a breakdown of equipment, or lack of materials or other manufacturing irregularities, an em- ployee may be sent home without regard to seniority for a definite period of time not to exceed two days, or a total of two days within any one month, to a maximum of ten days per calendar year. Such procedure would be termed a temporary adjustment in the working force. If it becomes necessary for an operator or his helper to leave the plant prior to the end of the shift, the Company will provide work for either the Operator or the Helper, as the case may be, for the remainder of the shift. The Company will give an employee with three years or more seniority, five days notice of layoff. All employees who have completed eighteen months service will be given two days notice prior to layoff. Any employee who is laid off due to lack of work, after the date hereof, shall not lose his earned seniority of service with the Company and he shall accrue further seniority rights during such absence from employment providing such absence from employment has not continued more than eighteen months. An employee recalled from layoff will be guaranteed a mini- mum of one week of work. A new employee shall be considered probationary until such time as he has worked a total of sixty days, consecutive or accumulated, at which time he shall be considered a regular employee and be credited with his previous service. The dismissal of a probationary employee shall not be the subject of a grievance. Seniority shall be defined as the employee's length of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If When an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.voluntarily terminates his employ-

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. Seniority shall be defined as the employee's length Fundamentally, rules respecting seniority are designed to give employees an equitable measure of security based on continuous service with the Employer Company in the bargaining unit. There shall be a regular probationary period for each new employee of five worked days after which the employee shall be placed on the seniority list dating back to date of hire. A probationary employee may be discharged for any reason satisfactory to the Company. It is agreed that seniority shall govern lay offs by the Company and reemployment of employees, providing the employees are able and willing to perform satisfactorily the work required, subject to the following terms and conditions. In case a job is discontinued, the employee from said job may exercise his seniority rights, by displacing the least senior full-timetime employee, or the least senior part-time or casual position employee in the bargaining unit commencing same or lower classification whose job he is able and willing to satisfactorily perform. The person so displaced may exercise the same right. Notwithstanding (a) and above, an employee who has been displaced have the first opportunity to return to the original position they were displaced from for a period of six months prior to the position being filled in accordance with There shall be only one Chief Xxxxxxx who shall have at least one year of service with the Company, and such Chief Xxxxxxx will have top seniority over all other employees during his term of office. This applies in case of offs only. When there is a vacancy, the Company shall post a request for applications for the said vacancy on its bulletin boards for a period of four days. Employees entitled to apply for the vacancy must do so in four days of the date of posting in order to have their application considered. Applications shall be in writing in duplicate, one copy to be turned into the Company and one copy to the committee. It is understood that any intent to return to a full-time student status is sufficient cause to disqualify an applicant. Applicants will be considered for the position on the basis of their seniority, knowledge, skill and ability. If the last three factors are relatively equal, the most senior applicant shall be promoted. The second vacancy that becomes vacant after the first vacancy has been filled shall be posted as provided for above. The Company may fill a vacancy temporarily until the above mentioned procedure is completed which shall be done within fifteen working days of the initial posting referred to in In addition, the Company need not post temporary vacancies which are caused by illness, accidents, vacations or leaves of absence including maternity leave. Such vacancies may be filled temporarily at the sole discretion of the Company. The Company need not consider any applicant to a posting who has within the prior twelve month period, successfully bid on two vacancies. If an employee first began work does not prove satisfactory in a bargaining unit position (on-callto which he has been promoted within thirty days worked of his promotion, and/or temporary he shall be returned to his previous job and any other employees affected by his return shall not accrue seniority while in such positions but be returned to their former jobs. The Chief Shop Xxxxxxx shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during be notified of the probationary period. However, at name of the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacationcandidate. An employee shall lose accumulated his seniority standing and seniority his name shall be broken removed from all seniority lists and he shall be deemed to have quit for any one of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into quits, and an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date employee shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-timedeemed to have quit when he has given his notice in writing or, part-time or casual on failure to on-call (except due give written notice within two days he shall be deemed to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority datehave quit.

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. Seniority a ) An employee will be considered on probation and will not be placed on a seniority list until after he has worked a total of sixty working days for the Company. The discharge, termination or layoff of a probationary employee shall be defined as the employee's length of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion sole discretion of the probationary periodCompany, subject to the worker’s seniority shall be retroactive to their first day requirement that the decision is made in good faith. In the absence of work objective evidence that the decision was not made in the bargaining unit positiongood faith, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance such discharge, termination or layoff of a position with the Employer that probationary employee is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this AgreementAgreement and can- not be grieved. Adjusting On-Call/Temporary Employee Seniority Dates If It is expressly agreed that this requirement of good faith shall constitute a lesser standard as referred to in Sections and of the Labour Relations Act. The sixty working days referred to above shall not necessarily be sixty continuous working days. However, if a person is laid off prior to the completion of his probationary period, and the layoff period is in excess of the time worked for the Company then that employee, when rehired, shall not get credit for the time already put in. Employees who must undertake formal training pro- grams will be hired as trainees at the starting pay rate. It is understood that no bargaining unit work will be done during the training period. Probation will begin following the training period; employees who successfully complete their probation will have seniority from their date of hire as a trainee. Where an employee is hired into an on-call rehired, without seniority rights, after previously having served a probationary period, he will again have to serve the sixty working days probationary period, but he will be enti- tled to receive all benefits as spelled out in Article Article and Article from his rehire date, provid- ing such employee is rehired within months of having lost seniority, or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which half of the employee’s status changed seniority, whichever is the greater. This clause shall only apply to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/employees who are rehired after having lost their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority datethrough extended layoff.

Appears in 1 contract

Samples: General Agreement

SENIORITY. Seniority (a) Upon completion of forty-five (45) working days continuous employment with the Company, an employee shall be seniority employee and his name shall be placed on the seniority lists. In this case, his seniority shall date back to his hiring date. An employee may also acquire seniority after forty-five (45)working days intermittent employment within any month period and in this case, his seniority shall date from forty-five (45)working days prior to the date on which he attains seniority. Until an employee is placed on the seniority lists, he shall be considered a probationary employee and may not grieve discharge, layoff, or termination unless the layoff, discharge, or termination is in breach of the Human Rights Code or any other applicable Statute. For purposes of this paragraph only a working day shall be defined as the employee's length successful completion of continuous service four (4) hours or more of actual work. Notwithstanding any other provision of this Agreement, discharge of probationary employees shall be at the discretion of the Company. Where more than one employee is hired on the same day, seniority (in case of layoff) will be determined by the time of day hired. employees disabled as a result of an occupational illness or injury compensable under the Workers' CompensationAct, and employees placed in a classification where he cannot be properly assessed to accommodate a physical limitation, shall be given full credit for all time actually worked towards seniority. Upon completion of forty-five (45)days actually worked, seniority will date from original date of hire. The Company will notify the Plant Chairperson, in writing, weekly, of employees having completed the days probationary period. A copy of payroll deduction authorization for union dues with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which address and telephone number of the employee first began work in will be supplied to the Union within the next pay period. A seniority employee may exercise seniority on a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while wide basis in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment accordance with the Employer within the bargaining unit covered by provisions outlined in this Agreement. Up to date Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority Lists shall be broken maintained monthly on notice boards where they can be seen by all employees. A plant wide and Skilled Trades Seniority List will be supplied to the Chairperson in seven (7) copies each The Company to send a copy of up to date seniority list, complete with names and addresses and clock numbers to Union Hall quarterly. LOSS OF SENIORITY Seniority rights will be lost, and employment will be terminated for any of the following reasons: • Voluntary quit • Acceptance If quits; If he is discharged and the discharge is not reversed: If is absent from work for more than three (3) working days without notifying the Company, unless a satisfactory reason is given; If he overstays a Leave of Absence for more than three (3) working days and fails to give a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge satisfactory reason for just cause • Failure doing so; If he fails to report to work after a layoff, within ten five (105) calendar working days after written notice following the mailing of recall issent notice to his last listed address with the Company by registered mail or telegram. Notice will be given to the address that was last provided Union prior to the expiry date. An employee may be recalled by telephone or personal conversation. If he declares to, or in the presence of a Committeeperson, his intention of not returning to work, his seniority rights will be terminated and confirmation of this action will be sent to him by registered mail. This action may be waived by the employee • Layoff which either extendsCompany in case of a disabling illness; If the employee: (a) in excess of Who has less than six (6) consecutive monthsmonths of seniority, or (b) is on layoff for the a continuous period of theemployee's length more than his accrued seniority at the date of service, whichever is layoff; Who has less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss than one year of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.more than six

Appears in 1 contract

Samples: Agreement

SENIORITY. Seniority Probationary Period A new employee will be considered on probation until he has completed hours of work within any twelve calen- dar months. Upon completion of the probationary period he shall be defined as credited with seniority equal to worked hours. With the written consent of the Hospital, the probationary employee's , and the President of the Local Union or designate, such proba- tionary period may be extended. Any extension agreed to will be in writing and will specify the length of continuous service with the Employer in extension. The release or discharge of an employee during the probationary period will not be the subject of a regular full-time, partgrievance or arbitration and is at the sole discretion of the Hospital. Definition of Seniority Part-time or casual position employees will accumulate seniority on the basis of one year's seniority for each hours worked in the bargaining unit commencing with as of the last date of hire, except as otherwise provided herein. Seniority will operate on which the employee first began work in a bargaining unit position (onwide basis. Notwithstanding the above, employees hired prior to October will be credited with the seniority they held under the Agreement expiring November and will thereafter accumu- late seniority in accordance with this Article. For purposes of accumulation of seniority, transfer of sen- iority and service, progression on the wage grid and progression on the vacation schedule, all part-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s time employees' service and seniority shall be retroactive converted as at October on the fol- lowing basis. Employees' hours of service x = Converted hours of service Transfer of Service and Seniority Effective October and for employees who transfer subsequent to their first day October an employee whose status is changed from full-time to part-time shall receive credit for his/her full service and seniority. An employee whose status is changed from part-time to full-time shall receive credit for seniority and service on the basis of work one year equals hours worked, and will be enrolled in the bargaining unit position, and shall accrue during his/her/their continuous employment employee benefit plans subject to meeting any waiting period or other requirements of those plans. hired prior to October will be credited with the Employer within service and seniority they held under the bargaining unit covered by this Agreement. Collective Agreement expiring November Loss of Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated all seniority and seniority shall be broken deemed terminated if: employee quits; employee is discharged and the discharge is not reversed through the grievance and arbitration proce- dure; employee is absent from scheduled work for any a period of three or more consecutive working days without not- ifying the following reasons: • Voluntary quit • Acceptance Hospital of such absence and providing a reason satisfactory to the Hospital; employee fails to return to work upon the expiration of a position with leave of absence or a leave of absence for a purpose other than that for which it was granted; employee has been laid off for eighteen months; employee fails upon being notified of a recall to signify his intention to return within five working days after he has received the Employer that is outside the bargaining unit notice of recall, and not covered bythis Agreement • Discharge for just cause • Failure fails to report to work after a layoff, within ten (10) calendar working days after written he has received the notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an recall; employee is hired into an onabsent due to illness or disability which absence continues for twenty-call four calendar months from the time the disability or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date illness commenced. It shall be the date duty of the employee was awarded to notify the regularpositionHospital promptly of any change of address. If an employee’s status changes from full-timeany employee fails to do this, part-time or casual to on-call (except due to layoff), he/she/they the Hospital will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the be responsible for failure of a notice sent by registered mail to reach such employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority shall be defined as the employee's length of continuous service with the Employer of an employee in a regular full-time, position covered by this Agreement. For the purposes of calculating seniority for a part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position employee, sixteen hundred and fifty (on-call, and/or temporary 1650) hours worked shall equal one year of seniority. Newly hired employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)be considered to be on probation for a period hours worked. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of If retained after the probationary period, the worker’s seniority employee shall be retroactive credited with seniority from date of last hire. With the written consent of the Hospital, the probationary employee and the President of the Local Union or his designate, such probationary period may be extended. It understood and agreed that any extension to their first day the probationary period will not exceed an additional hours worked or such lesser period as may be agreed by the parties. The release of work in a probationary employee shall not be the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreementsubject of a grievance or arbitration. Seniority shall accrue and not be lost during a worker’s vacationpregnancy leave or parental leave. An employee shall lose accumulated For the purposes of pregnancy leave and parental leave, seniority and seniority accrual shall be broken for any determined by multiplying the normal weekly hours times the number of weeks the employee is absent due to a pregnancy leave up to a maximum of weeks and/or the number of weeks the employee is absent due to a parental leave up to a maximum of weeks, whichever applicable. Seniority shall be retained by an employee in the event she is transferred from full-time to part- time or vice versa. For the purposes of the following reasons: • Voluntary quit • Acceptance application of a position with seniority under the Employer that is outside the bargaining unit and agreement but not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period purposes of theemployee's length of service, whichever is less A worker whose seniority is lost for service under any provisions of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If agreement, an employee is hired into an onwhose status changed from full-call or temporary position and later is awarded a regular full- time, time to part-time or casual position, his/her/their shall receive credit for her seniority date shall be on the date the employee was awarded the regularposition. If an employee’s status changes from basis of hours worked for each year of full-timetime seniority. For the purposes of the application of seniority, under the agreement but not for the purposes of service under any provisions of the agreement, an employee whose status is changed from part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, parttime shall receive credit for her seniority on the basis of one (1) year of seniority for each hours worked. Any time worked excess of an equivalent shall be pro-rated at the time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority datetransfer. It understood that the hour conversion shall apply to hours accumulated prior to ratification and that the hour conversion applies only to hours worked subsequent to ratification.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority shall be defined as measured by the employee's length of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with unit. Seniority rights shall become effective after 120 calendar day probationary period. New employees shall be regarded as probationary employees until they have completed 120 calendar days of continuous employment. There shall be no seniority status among probationary employees. They may be transferred and/or released without question when in the opinion of the City they fail to perform satisfactorily. Seniority rights shall be lost upon termination of employment or failure to return to work within one (1) year from the date on of lay-off. In all cases of lay-off of employees, the employee’s seniority in their respective occupational classification shall govern. Employees last hired shall be the first laid-off and before any new employees are hired for the same classification, laid-off employees shall be recalled. An employee laid-off may apply for another job, provided he has the ability to perform the work and has greater seniority. An employee who has applied for job and cannot perform in the classification shall be returned to his former classification and placed in lay-off. Employees shall be recalled in the reverse order to that by which they were laid-off. In the event of a lay-off, the affected employee first began work who is finally displaced shall be given an opportunity to be trained in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while classification where a vacancy exists provided they have the ability to be trained in such positions but shall maintain any previously accrued seniority)that classification. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit positiongovern, and shall accrue during his/her/their continuous employment be set aside in the case of lay-offs in which the employee is on a skilled or semi-skilled job and there is no employee with the Employer within greater seniority who has the bargaining unit covered by this Agreementability to perform the work efficiently. Seniority shall accrue not govern, and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any set aside in the case of recalls, in which the laid-off employee with the most seniority does not have the ability to perform the duties of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority datefilled efficiently.

Appears in 1 contract

Samples: Agreement

SENIORITY. Seniority shall be defined as the employee's length of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary Newly hired employees shall not accrue seniority while serve a proba- tionary period of forty-five (45) actual days worked in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary an eighteen (18) week period. However, at the successful Upon completion of the probationary period, the worker’s a new employee shall have his seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreementdated back forty-five (45) working days. Seniority shall accrue and not be lost during a workermean ,an employee’s vacationlength of service with the Company completion of the pro- bationary period. An employee shall lose accumulated maintain and accu- mulate seniority unless such seniority is lost under con- ditions as set out in Article In all cases of promotions, downgrad- ing or upgrading, length of service shall govern, provid- ed the employees involved have the qualifications to undertake jobs in their own departments or in other departments that are held by employees with less seniority, subject to the company’s right to a final deci- sion and seniority shall be broken for any subject to the Union’s right to file a grievance. An employee must achieve of the following reasons: • Voluntary quit • Acceptance job standard in a given occupation within two (2) working days in order to remain in that occupation. Those employees with or more years of seniority will be given five (5) working days to achieve of the job standard in a position with given occupation in order to remain in that occupation. It is understood that should an employee decide to bump an employee in his department or another department (as per above), the Employer that employee can only exercise this privilege on one occasion per lay- off. When layoffs are all part-time and probationary employees shall laid off first. The pro- bationary period is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report forty-five (45) days worked. When recalling employees to work after a layofflay- off, within ten (10) calendar days after written notice they shall be recalled in the inverse order in which they were laid off, that is, the id off employees with the longest length of recall issent service will e recalled first. Before new employees are hired, consideration shall be given to the address that was last of employees who are on layoff and are still subject to recall, provided by they are qualified to do the work required. Management shall the Union at the signing of this Contract with a list giving the length of service of each employee • Layoff which either extends: (a) in excess of six and shall revise said list at (6) consecutive months, or (b) for month periods throughout the period Contract year. One copy of theemployee's length of service, whichever is less A worker whose such list shall be posted on the Bulletin Boards and one copy shall be mailed to the Union Office. Any employee will lose his seniority is lost for any of the reasons outlined above shall rights under this Agreement and be considered as a new employee if he voluntarily leaves his employment with the Employer again employs him Company; or herif he is discharged; or if he has been laid off for a period of fifteen (15) months; or if he is laid off for a period of less than fifteen (15) months and fails to return to work or to give in writing valid reasons for his inability to do so within seven (7) days of the date he has been requested by the Company in writing to return to work and will return to work five (5) days after notifying the Company of his intention to return to work; or if he overstays a leave of absence granted by the Company in writing without securing an extension of such leave; or if he absents himself from his work for more than three (3) days without securing leave of absence or without producing evidence of a sufficient reason satisfactory to the Company. The failure Negotiating Committee, the Grievance Committee and the Shop Stewards of Union, during their term of office in the Union, and the Lead Hands, shall head the seniority list in their respective depart- ments. This clause will only apply in the case of layoffs. A vacancy in a permanent job or an additional job occurring in a department shall be posted plantwide on all bulletin boards for a period of three (3) working days. Copy of this posting to be supplied to the Secretary of the Employer to rehire said workerafter Union. In the loss interest of efficiency, the Company shall consider in order of seniority, the qualifi- cations of the applicants concerned and base its selec- tion thereon. In filling these vacancies, or making pro- motions, other qualifications being equal, seniority shall prevail. Employees will be allowed two (2) job in a six (6) month period. The Union is to receive the name of the successful candidate and his classification. A vacancy in a permanent job may be filled temporarily for a total period not be subject exceeding thirty (30) calendar days while the posting is being filled. It is understood and agreed that the Company has the right to reassign employees to suit operating requirements. Where a reassignment is necessary, the grievance Company will reassign the most junior qualified employee first and arbitration provisions so on. Where there are no qualified employees, the Company will reassign the most qualified employee first and so on. If reassigned into a classification with a high- er rate of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- timepay, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded shall receive the regularpositionhigher rate of pay. If an employee’s status changes from full-timeThe company and the Union agree that em- ployees who leave the bargaining unit to take employ- ment with the Company outside the bargaining unit, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while be treated in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.following manner:

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Fundamentally, rules respecting seniority are designed to give employees an equitable measure of security, based on continuous service with the Company. Seniority shall be defined as the mean an employee's length of continuous service with ROYAL OAK OFFICE COLLECTIVE AGREEMENT Newly hired employees serve a probationary period of sixty-five days worked within a twelve (12) month period and shall have no cSoemnpiloertiitoyn roifghttshe duprrionbgatitohnairsy .period., a Unpoenw employee shall have her seniority dated back to her most recent date of hire. During the Employer probationary period an employee shall be considered as being employed on a trial basis and may be discharged at the discretion of the Company. the of layoffs, employees will be laid off in reverse order of seniority providing that the senior employee is qualified to perform the required work. For the purposes of this Article, a regular full-timelayoff means a layoff of more than one (1) working day. Subject the criteria set out in this sub- article, part-time recalls shall be done in order of seniority. In the case of a job vacancy or casual position when there a new job opening, the Company will consider the requirements of the job and the skill, ability and qualifications of the applicants to the required work and where applicants are relatively equal in these respects, the bargaining unit commencing employee with the date on which greatest will be awarded the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)job. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary periodIf no qualified applicants apply, the worker’s seniority shall Company reserves the right to hire or train. lists will be retroactive supplied to their first day the Union and posted on the bulletin board on January 1st and July 1st of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by each year of this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasonsand employment terminated if an employee: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided Is duly discharged by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever Company and such discharge is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to reversed by the grievance and arbitration provisions procedure; If she voluntarily quits; If she has been laid off continuously for a period of this Agreementmore than twelve months or if she is called back work by registered mail during the recall period and does not ROYAL OAK OFFICE COLLECTIVE to employment within five (5) days of. Adjusting On-Call/Temporary Employee Seniority Dates If the delivery of such notice to the last address given to the Company by the employee; Is absent from work for a period in excess of three scheduled working days at the end the third shift) without a written leave of absence unless a reason satisfactory to management is given by the employee. Provable sickness shall be considered a satisfactory reason; Is absent from work a period in excess of three scheduled working days at the end of the third shift) without proper notice by the employee, unless due to a proven inability to communicate with the Company; Fails to return to work on the completion of an authorized leave of absence unless a reason satisfactory to management is given by the employee. When recalling an employee after layoff, she shall be notified by registered mail or telegram and allowed five calendar days from the delivery of such notice to the last address given to the Company, to report for work and, in the meantime, if an is hired into an on-call or temporary position recalled and later is awarded not immediately available for work, employees in seniority be contacted and temporarily employed until the senior employee reports within the period as outlined (which does not constitute a regular full- time, part-time or casual position, his/her/their seniority date recall for any purposes). It shall be the responsibility to keep the Company notified as to any change of her address or telephone number so that they will be up to date at all times,. and to forthwith notify the employee was awarded Company of their intentions upon receipt of the regularpositionnotice of recall. If an employee’s status changes from full-timeWhere there is a job vacancy, part-time or casual the Company shall post a notice of the vacancy on board for three working days. A job shall not be considered to on-call (except be vacant if it is due to layoff)because of illness, he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-callaccident, leave of absence or temporary transfer. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.ROYAL OAK OFFICE

Appears in 1 contract

Samples: C Agreement

SENIORITY. Seniority For the purpose of seniority, employees shall be defined considered as grouped in accordance with Schedule "A" of the employee's length of continuous service with the Employer in a regular Agreement there being one list for full-time, time employees and one list for part-time or casual employees in each group. A seniority list for each seniority section shall be posted by the Company in January of each year. The list will show name, position and date from which each employee's seniority is accumulated. The Company shall provide the accredited Representative and the Local Chairperson with copies of each list. Where an employee has only held seniority in one seniority section for more than fifteen years and their job has been abolished, they may use their seniority to displace in any seniority section where they are qualified. Employees appointed by bulletin to permanent positions in a seniority section will be accorded a seniority date from the date of appointment by the bulletin. Changes in the seniority date of an employee shall be considered if the employee or Union Representative makes written protest within sixty (60) calendar days posting of the seniority list. Errors reported after sixty (60) days shall only be considered by the President and/or designated Management employee of the Tower and the Local Chairperson where the change is supported by the recorded evidence. Any time the Tower has a temporary department closure, all affected bargaining unit commencing with employees will be offered voluntary lay-off in seniority order before junior employees are laid off. Those employees who chose this option are deemed to acknowledge by this provision that may not be entitled to Unemployment Insurance Benefits. When laying off an employee, the date on which Company will give to the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within affected ten (10) calendar days after written notice of recall issent if the lay-off is deemed to the address that was last provided by the employee • Layoff which either extends: be for more than three (a3) in excess of six (6) consecutive months, or and in the event of job abolition fourteen (b14) for the period calendar days notice. The Local Chairperson shall be advised of theemployee's length of service, whichever is less A worker whose seniority is lost for any all lay-offs and job abolition and may make proposals to Management on behalf of the reasons outlined above shall employees affected. When reducing forces, senior qualified employees will be permitted to exercise their seniority in accordance with the terms of this Article. Any full-time employee will be considered as senior to any part-time employee. A displaced employee or one whose position is abolished must exercise seniority within own job classification provided has the qualifications to perform the work, failing which may: Exercise seniority within other job classifications within seniority section or within another seniority section wherein holds seniority, provided has the qualifications to perform the work; or the employee may take a lay-off and/or hold available for part-time employment within own seniority section until such time as recalled in his own seniority section in accordance with the provisions of the Collective Agreement. In the application of this Article, an employee required to exercise seniority to an immediately previous job classification, provided has the qualifications to perform the work, will establish a seniority date the same date as immediate previous job classification. Where there is more than one vacancy in a particular job classification, and more than one employee is qualified, and one or more of them is a new scheduled employee if and obtains one of the Employer again employs him vacancies, the seniority date of the successful employee will be established on the basis of the employee number. Where there is more than one vacancy in a particular job classification, and more than one employee is qualified and has held a position in a previous job classification, and obtains the vacancy, the seniority date of the successful employee will be the same as previous job classification. An employee exercising seniority in accordance with this Article shall, within five (5) calendar days of the abolition of position, or herdisplacement, make choice in writing to the designated Human Resources Representative, copy to the Local Chairperson, stating qualifications where necessary failing which the employee shall forfeit seniority. The failure employee in question shall assume such new position at a date specified by the Company, such discretion not to be abused by Management. When an employee is on leave of absence, or vacation, granted by the Company, on the date of displacement or the abolition of position, the time limits established in Article above shall apply from the date of return to work. To be eligible for recall, a laid-off employee must keep the Human Resources Department informed of current address. A laid-off employee who fails to report for duty after receiving notification by registered letter, or a similar recordable message, or who fails to give satisfactory reasons for not doing so within five (5) calendar days of receipt of such notification, shall forfeit seniority rights and shall be removed from the employ of the Employer to rehire said workerafter company such being regarded as a voluntary separation. A laid-off employee who is otherwise employed at the time of recall, may, without loss of seniority refuse a recall to a position of less than ninety (90) days anticipated duration, provided that another junior qualified laid-off employee is available. Laid-off employees shall not be subject given preference in filling positions or vacancies in other seniority sections when no qualified laid-off employees are available in those seniority sections, their seniority in other seniority sections shall date from the date employed in these seniority sections. Laid-off employees will be recalled to service in the order of their seniority, provided they have the necessary qualifications to perform available work, due regard being given to the grievance provisions of Article and arbitration The name of an employee who has been or is appointed from a scheduled position to employment in an excepted position shall be retained on the seniority list of the seniority section from which was appointed and such employee shall continue to accumulate seniority for a period of one (1) year after which name shall be removed from the seniority list of departments. When an employee is released from an non-scheduled position may exercise seniority rights to any position which the employee is qualified to fill. The right to exercise shall be limited to a period of five (5) calendar days subsequent to release from non- scheduled position. Such employee shall also have the right to return to former seniority section if so desires during the twelve (12) month period in which was promoted providing the employee serves a thirty (30) day notice in writing to the designated Human Resources Representative not later than one (1) year from the date of promotion after which the provision of Article shall apply. The provisions of this Agreementclause shall not apply to employees who are dismissed for just cause. Adjusting On-Call/Temporary Employee Seniority Dates If Subject to Article the name of an employee is hired into an on-call who has been laid off be retained on the seniority list of the seniority section from which last worked for a period of twelve (12) months or temporary position and later is awarded the equivalent of accumulated seniority, whichever comes first, after which, if no recall or has not answered a regular full- timerecall, part-time or casual position, his/her/their seniority date name shall be removed from the date the employee was awarded the regularpositionseniority list of all groups. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.ARTICLE

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority shall be defined as the employee's length of continuous service with the Employer in a regular full-time, part-time A. voluntary quit or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge discharge for just cause • Failure to report to seniority, from work after on account of an accident, illness, disease or leave of absence does not break The plant offices seniority list which is posted shall be revised by the Company every three The names of employees commencing employment on the same date shall be entered on such list in alphabetical order. In the event that a layofflay-off becomes necessary, within ten (10) calendar days after written notice the Company will retain at work the employees having the greatest plant offices seniority provided that these employees have the necessary qualifications for the performance of recall issent the work available. who are laid off, in accordance with paragraph shall be given a minimum of one week’s notice, unless otherwise required by the Standards Act of Ontario. PAY who are laid off in addition to the address that was last provided by the employee • Layoff which either extends: (a) in excess notice given under paragraph shall receive two weeks severance pay for each full year of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost service and a proportional amount for any remaining part year, paid at their current salary. One week’s severance pay shall be based on current monthly salary divided When an employee who has received under this clause is later recalled, (or an employee who has received severance pay under a similar clause from any other plant the Company is hired from another plant of the reasons outlined above Company under the provisions of Clause of this within a time interval “shorter than the number of weeks” for which severance pay was granted, amount of excess severance pay paid to employee shall be considered as an advance in pay by the Company and shall be repayable by payroll deduction, In the event that a new employee if lay-off is required, the Employer again employs him or her. The failure of Company will advise the Employer to rehire said workerafter Union and discuss the loss of seniority shall not be subject reasons prior to the grievance lay-off talking place and arbitration provisions prior to the being advised. Company will endeavour to make lay-offs on a Friday, 1 ‘I increasing the work force, laid off employees shall he recalled in accordance with plant offices seniority provided they have the necessary qualifications for the performance of this Agreementwork available. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date It shall be the date the employee was awarded the regularposition. If an laid off employee’s status changes from full-time, part-time or casual responsibility to on-call (except due to layoff), he/she/they will not accrue seniority while in notify the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number Company of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateany change of address.

Appears in 1 contract

Samples: Agreement

SENIORITY. Seniority a) It is agreed and understood that the seniority lists in the Production Facility and the Parts Department are sepa- rate and independent in every way. location of an employee as of April or the unit where the employee was subsequently first hired into, determines which seniority list is the employee’s “original” seniority list. Where an employee is hired into a job on the other seniority list, that employee will continue to accumulate seniority in original seniority list. Should he/she be laid off from his/her newerjob, xxxx be eligible to exercise into his/her original seniority list. A probationary shall be defined as the employee's length of continuous service with the Employer in a declared regular full-time, part-time or casual position in the bargaining unit commencing with when he/she has accumulated hours worked since the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)of his/her employment. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful Upon completion of the his/her probationary period, the worker’s seniority employee shall be retroactive declared regular and his/her seniority will be dated from the date he/she commenced work with the Company and will accumulate thereafter. When more than one employee is hired to com- mence work on the same day, their first day position on the seniority list shall be based on the records of work in order of the job offer acceptance. The Company shall maintain a seniority list of all employees provide the Union every 3 months with sufficient copies to supply its stewards, President and Plant Chairman. The Company shall advise the Plant Chair- man daily whenever possible of any additions, terminations, transfers, recalls or reclassifications affecting the status of employees covered by the bargaining unit positionunit, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue Financial Secretary of hirings, terminations, recalls, and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority change of address, such advise shall be broken in written form. LOSS SENIORITY will becancelled for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine she voluntarily quits his/her adjusted employment with the Company. is discharged and reinstated voluntar- ily by the Company or by order of a board of arbitration. if while on Lay-off he/she fails to return lo within five working days from the date of receipt of a registered letter or telegram recalling him/her to work, pro- vided however that the employee shall not lose his/her seniority date.for being unable to return to work and provided such submis- sion is by the company three working days from the date of receipt of his/her recall notice. Iii this circumstance. the either an extra up to ten or privilege of a second before the expiration of his/her recall rights. The Company shall grant such request wherever possible. Employees granted a second recall will be placed at the bottom of the recall list. If the recall is of a temporary nature, the employee will be so notified. If the employee elects to decline such a recall he/she will maintain his/her current position on the recall list, and not be placed at the bottom of the recall list. If he/she overstays a leave of absence granted by the Company, without securing an extension of such leave from the Company in writing, unless his/her cause not request- ing such extension is through a justifiable reason. If he/she is on layoff or absent due to sickness or accident for a continuous period of: two years; if the employee had less than five years seniority on the date of

Appears in 1 contract

Samples: Letter of Agreement

SENIORITY. Seniority A seniority list of Employees covered by this Agreement shall be defined as the employee's length of continuous service with posted by the Employer annually in January each year. Such list shall show the names and dates of last entry into Employer’s service, from which date seniority shall accumulate. An Employee transferred or promoted to a regular full-timeposition which is excluded from the bargaining unit shall, part-time or casual position in the event of his subsequent return to the bargaining unit within twelve (12) months, be reinstated on the seniority list as if he had remained in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in unit. If such positions but shall maintain any previously accrued seniority). Seniority shall not accrue an Employee returns to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit positionafter twelve (12) months following his transfer or promotion, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their his seniority date shall be the date of his return to the employee was awarded the regularpositionbargaining unit. An Employee who has been laid off shall retain his seniority status for a period of fifteen (15) months. If recalled to service in a classification covered by this Agreement within fifteen (15) months of day of lay-off, he shall be reinstated with seniority status held at time of lay-off. An Employee who resigns or is discharged for just cause shall forfeit all seniority rights under this Agreement. When two (2) or more Employees are hired by the Employer on the same calendar date, the Employee whose surname is first alphabetically will be shown as such on the seniority list. Protests in regard to seniority status shall be submitted in writing to the Employer within thirty (30) days of the publication of the list. When proof of error is presented by an employee’s status changes from full-timeEmployee or his representative, part-time or casual to on-call (except due to layoff)such error shall be corrected, he/she/they will not accrue seniority while in and when corrected, the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their agreed upon seniority date will shall be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s final. An Employee with than six (6) months service shall be on probation and may not exercise seniority dateto determine his/her adjusted seniority date.rights nor grievance procedure relating to his separation while on probation. ARTICLE

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority as referred to in this Agreement shall be defined as the employee's mean length of continuous service with in e of the Employer member listed in the store where the individual is employed. Total years of I will continue to determine the employee's vacation entitlement or other are part of established Goodwill policy. Part-time employees will accrue seniority in classification. months service employees will be calendar months began. It is also moves to a regular fullnew required to work a benefits. Goodwill transferred from prolong their probationary Goodwill. It is wherever possible. employees will be considered on probation until completion of three (3) calendar and will have no seniority rights during that period. Full-time, time and part-time to all tasks within that three month period. After completion of three (3) with Goodwill the seniority shall date back to the date on which employment that only one (1) probationary period is required when a full-time employee cation in the bargaining unit. Part-time employees moving to full-time status will be (3) month probationary period before eligibility for after probation wages and agrees that there will be no separate probation period for employees moved or casual ore to another. There is also no intent to terminate or rehire employees in order to period. The discipline, dismissal, layoff or failure to recall after layoff of a shall not be the subject of a grievance and shall remain within the discretion of hat the dismissal of a probationary employee shall be in the presence of a xxxxxxx the store and a to job performar Goodwill. layoffs shall be the determining exercise seniority location who to exceed two (2) when the Seniority lists will be revised each six (6) months; a copy of the list will be posted in to the Union. 4s used in this Agreement, the term "qualifications" shall mean such factors relating skill, competence, ability, training experience, and general work record with Layoffs which are anticipated to exceed five (5) workings days and recalls after in the following factors: seniority; and qualifications t is understood that where qualifications are relatively equal, then seniority shall be is understood that, in the event of a layoff, employees who are laid off shall not for the purpose of displacing employees with less seniority in any classification or laid off. shall have absolute discretion in making layoffs which are not anticipated days and such layoff shall not form the basis for any grievance. Seniority shall terminate and an employee shall cease to be employed by Goodwill voluntarily quits employment with the company; is off work for a continuous period of twelve (12) months or the length of the employee's seniority, whichever is the shorter. is discharged and is not reinstated through the grievance procedure or arbitration; fails to report to work within three (3) working days after being notified by Goodwill of recall by registered mail at the last known address; fails to return to work upon the termination of an authorized leave of absence unless a bona fide reason is given to the appropriate Manager or Director on or before the expected date of return; accepts gainful employment while on a leave of absence without first obtaining the consent of Goodwill in writing; is absent from work for three (3) consecutive working days without notice to Goodwill and x bona fide reason therefore. when requested, a caused the absence. absence it shall be ai shall be at the the discretion of the the employee's the pattern of Goodwill has the will bear the cost of supervisory or within the scope of and shall have position for a period unit position within be lost. address. Notice last address of which acknowledges that it within the possible, to apply the be filled from within be posted on the unit in another Company shall be herein shall prevent employee applies. It Goodwill seniority on a temporary maternity leave, it is apply, Goodwill exists. Every effort in a reasonable Any employee's return to work after sick leave will be conditional on supplying, from a physician that they have fully recovered from the sickness which It is agreed that when a doctors note is requested within the first five (5) days of an expense, and when requested after an absence of five (5) days or more it expense. Goodwill agrees to pay for reports to the extent required by law. It is agreed that a medical certificate may be requested following any absence at supervisor and that this shall be at the expense of the employee in cases where level has exceeded an acceptable level determined by the company or when is questionable. It is agreed that this shall not be the subject of a grievance. When an employee is off work for six (6) weeks or more due to illness or injury, n to require the employee to be examined by a doctor designated by Goodwill who examination. In the event that any employee covered by this Agreement should be promoted to a position beyond the scope of the Agreement and is later placed in a position Agreement the seniority previously acquired in the bargaining unit commencing with shall be retained thereto the date on which seniority accumulated while serving in such supervisory or confidential four (4) months. In the event that such employee first began work in is not returned to a bargaining unit position said four (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary 4) month period, the worker’s all seniority shall be retroactive to their first day of work formally acquired in the bargaining unit positionshall It shall be the duty of each employee to notify Goodwill promptly of any change in by the company shall be deemed to be given if forwarded to the employee at the Company had notice. Without limiting Goodwill's right and discretion to hire and promote, Goodwill endeavour where possible, to fill vacancies by the appointment of employees unit at the time such vacancy occurs and in so doing, will attempt insofar as is of paragraph Goodwill and the Union acknowledge their mutual intention that vacancies should bargaining unit wherever possible, therefore: permanent vacancies in new classifications and in existing classifications shall accrue during his/her/their continuous employment tin board for a period of five (5) working days and any employee in the bargaining may make application for such vacancy. In the filling of the vacancies, the to the limitations set forth in Article relating to cases of promotion. Nothing Company from hiring persons outside the bargaining unit when no qualified agreed that where bargaining unit members apply with equal qualifications, then the Employer determining factor. Any vacancy can be filled at the discretion of Goodwill not to exceed forty-five (45) working days. In cases of major illness, parental or reed that this time period could be extended. a vacancy exists and no qualified candidates from within the bargaining unit covered the right to transfer a qualified employee to the store within which the vacancy I be made to select an employee who can reach the newly assigned store location of time. In cases where Goodwill has initiated the transfer, the employee's seniority will be carried to current job request for a consider these will be the date of prevent a joint transfer. necessary to temporary transfers outlined in Article temporary transfer is place of residence Goodwill agrees to new store location and feathered into the existing store seniority and within the employee who wishes to be transferred to another store may file a written the Human Resources department of Goodwill. Every effort will be made to s before a new hire is made. The employees seniority in the new Employees will be limited to one transfer annually. This however does not being reached between the employee and Goodwill on a mutually beneficial limiting Goodwill's right and discretion to transfer employees where operation of a store, Goodwill will endeavour to make its best effort to limit a maximum of forty-five (45) working days. The extension of the transfer as may apply with respect to major illness, parental or maternity leave. Where a Goodwill will endeavour to ensure that the travel time from the employees the new location is similar to that experienced when at their regular location. employees for additional travel costs associatedwith this type of transfer. ARTICLE with the and December of ea earned during the employees only: but less than three such pay to be twelve months years or more prior vacation with pay, Goodwill during the years or more prior calculated at eight immediately vacation entitlement for part-time employees will be calculated in accordance Act of Ontario. Part-time employees will receive their vacation pay in July year. The vacation pay shall be calculated at the rate of of their total wages The following vacation entitlement detailed in a, d refer to full time employees who have been continuously employed by this AgreementGoodwill for one full year prior to June 30th in any year, shall receive two (2) weeks vacation with pay, at four percent (4%) of such employee's earnings with Goodwill during the preceding June 30th in that year. employees who have been continuously employed by Goodwill for three (3) full 30th in any year, but less than nine (9) full years, shall receive three (3) weeks pay to be calculated at six percent (6%) of such employee's earnings with months immediately preceding June 30th in that year. employees who have been continuously employed by Goodwill for nine (9) full 30th in any year shall receive four (4) weeks vacation with pay, such pay to be cent (8%) of such employee's earnings with Goodwill during the twelve months June 30th in that year. full years or more be calculated at immediately employees who have been continuously employed by Goodwill for sixteen (16) to June 30th in any year shall receive five (5) weeks vacation with pay, such pay to (10%) of such employee's earnings with Goodwill during the months June 30th in that year. choosing a vacation of vacation period shall be based upon seniority, provided that prior to an employee first receives written consent from the department supervisor for the period chosen, a operating needs. No except in employees will be as requests will be one (I). Seniority shall accrue and may, where The maximum accordance with providing also, that such choice does not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position interfere with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) normal departmental period in excess of six two (62) consecutive months, or (b) weeks need be granted by Goodwill which Goodwill considers to be exceptional. Goodwill agrees to supply a vacation schedule for each department where by April I in any year to state their vacation preferences. Written confirmation of by May I in any year based upon seniority and the period of theemployee's length of service, whichever criteria mentioned in paragraph not apply to vacation requests after May I in any year. It is less A worker whose seniority is lost for any agreed that employees carry forward a portion of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall vacation entitlement not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while used in the on-call position but will maintain seniority accrued up tothe date on which previous year. t of carryover should not exceed the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number equivalent of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.six months of vacation due in ?

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. Seniority shall be defined as the employee's length of continuous service with the Employer An application from a person who is employed on a temporary basis in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (onsuch as for summer help or snow-callshovelling, and/or temporary employees etc.) shall not accrue seniority while be the first to be considered in such positions but shall maintain any previously accrued seniority)the event a full-time job becomes vacant, other than jobs which are required to be posted under Article All employees, including probationary employees, have recourse to the grievance procedure if disciplined or discharged. Seniority shall not accrue to However, the standard for discharging a probationary employees during employee will be a lesser standard than for those employeeswho have successfully completed the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall Probationary employees may be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreementdischarged for unsuitability unsatisfactory performance. Seniority shall accrue and not Temporary employees may be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided hired by the employee • Layoff which either extends: (a) in excess Board for a period of up to six (6) consecutive monthsmonths for relief work or during peak periods, or (b) for the a period of theemployee's length of serviceup to twelve (12) months to replace an employee absent on a Pregnancy Leave Parental Leave, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall and during these periods they will not be subject to the grievance and arbitration provisions terms of this AgreementAgreement except as to the wage rate and the check-off provision as provided for in Section Temporary employees shall receive vacation pay of of gross earnings excluding the vacation pay, for each pay period, payable on the regular pay cheque applicable to that period. Adjusting OnIt is understood, however, that employees on lay-Call/Temporary Employee Seniority Dates If off, and in all cases having the required qualifications and experience for the job, will be recalled before any new temporary employees are hired under this section. The periods noted above may be extended by mutual agreement The Union shall be advised of temporary appointments under this section. It is also understood that no regular employeeswill be laid off as long as temporary employees are employed by the Board in the same occupational classification. on Transfer for Accommodation Purposes The parties hereto agree that an employee is hired into an on-call transferring from one bargaining unit to another under “Duty to Accommodate” shall carry with her or temporary position him full credit for seniority and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority service earned while in the on-call position but former bargaining The Board will maintain seniority accrued up tothe date on which consult with the employee’s status changed Local President and the bargaining unit committee regarding permanent placements within that bargaining unit under “Duty to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateAccommodate”.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority shall (a) An employee will be defined as the employee's length of continuous service with the Employer in a regular full-timeconsidered on probation, part-time or casual position in the bargaining unit commencing with and will months from the date on which of hire, and the employee first began work has completed four hundred working hours in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary this period. HoweverIf he has not completed the required hours, at the successful Company may elect to extend his probationary period to allow completion of the hours, at which time he shall be placed on the appropriate seniority list(s) three months prior to such date, but the four hundred hours must be worked within six consecutive months. When a probationary periodemployee is terminated, the worker’s Industrial Relations Department will notifythe Union Plant Chairperson. No grievance may be filed pertaining to such termination. Students hired for summer employment will not be eligible for seniority status. The Company may elect to hire students for summer employment within the period of May through September providing there are no seniority employees on lay-off, and all and filled or are in the process of being filled. Students will be assigned work in direct labour job classifications, on a rotating shift basis or steady afternoons or midnights. The Company shall maintain the seniority lists and revise them every three months. There shall be retroactive no seniority amongst probationary employees. For the purpose of this agreement, the word employee means an employee who has seniority unless otherwise stated. For the purpose of this agreement, seniority means the seniority accumulated by an employee as defined on the respective seniority lists. Any employee assigned to their first day a job outside the bargaining Vice-Chairperson one or more years of work with the shall, in the bargaining unit positionevent of be continued-at work as long as their respective zone, plant or company, whichever is applicable, is available provided they are qualified, willing and able to satisfactorily perform the work being done at that time. With respect to scheduled work to be performed on overtime, the Company will schedule the zone xxxxxxx, who has the ability to perform an overtime job, when five or more people are working in the zone. Should the zone xxxxxxx refuse the overtime, the Union shall accrue during his/her/their continuous employment with appoint one of the Employer employees scheduled to work overtime as a temporary xxxxxxx. It is the responsibility of the zone xxxxxxx to notify the Union of his overtime refusal. In situations where no stewards are representing ten or more workers, within a plant, the bargaining unit covered by this AgreementVice-Chairperson will be scheduled to perform one of the available overtime jobs. Seniority shall accrue rights and not be lost during a worker’s vacation. An employment of an employee shall lose accumulated seniority and seniority shall be broken cease for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.:

Appears in 1 contract

Samples: Agreement

SENIORITY. Seniority 1. Every new employee shall be defined as a probationary employee and shall not attain seniority status until he has served in a Union jurisdiction job for seven hundred and twenty (720) work hours. Any employee laid off prior to completing his full seven hundred and twenty (720) work hour probationary period, shall, provided he is recalled within two calendar months from date of lay- off, accumulate such hours worked prior to his lay-off towards completion of his probationary period. Upon completion of the seven hundred and twenty (720) work hours, the employee will be deemed eligible for permanent status and Union membership. Upon the attainment of seniority, the employee's length ’s seniority rating will be calculated from the date of continuous service with employment or reemployment period. Any person hired as a temporary employee shall not be covered by this contract, shall not be eligible for Union membership and shall not be represented by the Employer in a Union. Temporary employees will not be retained to perform bargaining unit work while regular fullemployees are on lay-timeoff, part-time provided the regular employees are available and have the ability and experience to perform the required work. Temporary employees shall be used to replace regular employees who are absent due to vacation, illness or casual position injuries, leaves of absence and to fill temporary work surges. , when these vacancies cannot be filled by overtime from available, eligible employees within the classification and in the bargaining unit commencing with department where the date on which the employee first began work in a bargaining unit position (on-call, and/or vacancies occur. Use of temporary employees shall be for limited duration, not accrue seniority while in such positions but shall maintain any previously accrued seniority)to exceed fifteen (15) shifts of work per month. Seniority This time limit may be extended by mutual agreement. Such agreement shall not accrue be unreasonably withheld. Use of temporary employees to probationary employees during replace an absent employee shall be limited to the probationary period. However, at the successful completion duration of the probationary periodpermanent employee’s absence. Where the Company knows that the absence will extend for at least a year, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as Company will hire a new employee if to replace the Employer again employs him or herabsent employee. The failure If not required, the new employee hired will be laid off once the absent employee returns to work. For work surges and temporary additional manpower requirements, each temporary employee engaged shall be limited to fifteen (15) shifts of the Employer to rehire said workerafter the loss of seniority work per month. This time limit may be extended by mutual agreement and such agreement shall not be subject unreasonably withheld. The Company will remit monthly Union dues of $40.00 to the grievance and arbitration provisions Union on behalf of this Agreementa temporary employee once that employee has completed 80 hours worked in that month. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date The foregoing shall not be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual used to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateavoid filling permanent vacancies.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority shall be defined as the an employee's length of continuous service with the Employer since their last hiring date. "Last hiring date" shall mean the date upon which an employee first reported for work as a Classified employee at the instruction of the Employer unless the employee has quit or been discharged except as provided in a regular full-timeArticle 12, number 1 (one). No time shall be deducted from an employee's seniority due to absences occasioned by authorized leaves of absences, vacations, sick or accident leaves or layoffs for lack of work except as hereinafter provided. Seniority for part-time employees will be pro-rated based on 2080 hours per year as full-time employment. To break a tie when two (2) or casual position in more employees have the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary periodsame hiring date, the worker’s employees’ seniority shall be retroactive ranked in descending order of the sum of the individual units of their Social Security Number. In case of a second tie, the last four (4) digits of the Social Security Number will be added for a second total to determine their first day seniority. In case of work in a further tie, the last five (5) digits, six (6) digits, etc., will be used to break the tie. An up-to-date seniority list shall be prepared by the Employer and presented to the Local Union President on January 31 and July 31 of each year. The Seniority list will show the names, job classification, campus and level, full and part time, step, department, and supervisor, ordered by seniority date from most senior to least senior for all bargaining unit members. If a part-time employee applies for a posted position or is to be laid off within Local 2042, seniority will then be computed on a pro-rated basis of 2080 hours per year. If a part-time employee transfers to a full- time position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of pro-rated and the following reasons: • Voluntary quit • Acceptance of a position employee’s name shall be placed on the seniority list in accordance with the corrected date. The Employer that is outside agrees to furnish the bargaining unit names and not dates of all newly hired employees, all transferred employees, re-hired employees, and reclassified employees covered bythis Agreement • Discharge for just cause • Failure under this contract. The Employer also agrees to report furnish the job classification, titles, and representational areas of these employees to work after a layoff, the Union Secretary/Treasurer within ten (10) calendar regularly scheduled working days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateaction.

Appears in 1 contract

Samples: Classified Master Agreement

SENIORITY. Seniority shall The Company recognizes the desirability, in general, of retaining employees with longer continuity of service over employees with shorter service, and the Union recognizes that the Company must maintain an efficient working force. It is, therefore, considered to be defined as the employee's length of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with best interests of both the date on which employees and the employee first began work in a bargaining unit position (on-callCompany, and/or temporary employees that the following seniority provisions shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. apply: I An employee shall lose accumulated not have any seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new probationary employee until shall have attained seniority status by actually working a total of thirty (30) days within any consecutive ninety (90) day period; providingthat if an employee shall be off work and receiving Workmen's Compensation,but such period shall in no event be extended for a period exceeding ninety (90) days. Until a probationary employee shall attain seniority status as herein before provided, name shall not appear on any seniority list, nor shall there be any obligation on the Employer again employs him Company to retain the services of such employee or herto re-employ if is laid off or discharged during such period. The failure A probationary employee shall have no right to lodge a grievance with respect to discharge, layoff or non-recall after a layoff, but the Company will discuss with two members of the Employer Union Executive Committee, any question of alleged injustice with respect to rehire said workerafter the loss of seniority such matter brought to its attention but a probationary employee shall not be subject have recourse to the grievance and arbitration provisions procedure relating to matters other than discharge, layoff or non-recall. Company shall post seniority lists in showing. the bargaining unit seniority status of this Agreementall employees. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their Such seniority date lists shall be revised every three (3) months and copies delivered to the date the employee was awarded the regularpositionUnion President and Department Stewards. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while Departments for hourly employees shall be; Technicians Warehouse Personnel as in mean in the on-call position but will maintain seniority accrued up tothe date on which unit Seniority rights any of the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.reasons:

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Employees are credited with system-wide seniority in one of three departments: Operations, Parts, or Maintenance. For operators with Regular status on or before December 10, 1985, seniority shall be governed by the seniority list posted on that date. For all other operators, seniority shall be governed by date of hire. The maintenance list shall be posted in each maintenance area. The operators list shall be posted near the dispatch area or in the driver train room. The Parts list shall be posted in the Parts areas. Lists shall be updated as needed. A copy shall be furnished to the Union. Seniority shall be defined deemed correct if not protested within 30 days after the first incorrect posting. An employee who transfers from one department to another shall continue to accrue seniority in the former department until the employee completes a period of 60 shifts worked in the new department. Upon completion of such period, the transfer shall be considered permanent and seniority in the former department shall be retained up to the date the position was awarded but shall not thereafter accumulate. Seniority in the new department shall commence as of the employee's length initial date of continuous service with award. However, departmental seniority between employees who are awarded a position from the Employer same job posting in the same new department will be governed by their original date of hire into the bargaining unit. Any employee accepting full time Union office shall retain and accumulate seniority during the period of such service. Any employee who accepts a position outside the bargaining unit after working in a regular full-timeposition within the bargaining unit, part-time or casual position will continue to accumulate seniority in the bargaining unit commencing with the date on which the employee first began work in for a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)period of 90 days. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful Upon completion of the probationary 90 day period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with will be retained up to the Employer within date of transfer but will not thereafter continue to accumulate. Upon returning to the bargaining unit covered by this Agreementthe employee shall return to the employee’s original classification and may exercise seniority to take the least senior available assignment or regular run but otherwise shall bid for assignment on the next regular Change Day or bid day. Seniority continues to accumulate during any layoff or approved leave of absence such as for sickness or injury. Time on leave is not considered time worked for any purpose except accumulation of seniority. Seniority shall accrue and not be lost during a worker’s vacation. An whenever the employee shall lose accumulated seniority and seniority shall be broken quits; is discharged for any of just cause; retires; or fails to return to work within five work days after the following reasons: • Voluntary quit • Acceptance end of a position with leave of absence or the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written receipt of notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as from a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. Seniority shall be separate as between two (2) groups; Journeymen and Apprentices shall constitute one (1) group, and Meat Wrappers shall constitute the second (2nd) group. Apprentices, when they have completed their training, shall be given their seniority as Journeymen, retroactive to their initial date of hire. Head Meat Cutters selected from Journeymen in this bargaining unit may be retained in that position by the Employer irrespective of seniority and shall accumulate seniority as a Journeyman while in that position. Head Meat Cutters selected from Journeymen not covered by this bargaining unit shall be entitled to only such senior­ ity as is acquired in accordance with their length of serv­ ice in case of layoff or rehire. Only Journeymen shall be promoted to classification of Head Meat Cutter. For those Employees who work 40 hours per week or more: Seniority is defined as the employee's length of continuous service the employee’s serv­ ice with each signatory company throughout the opera­ tions within the bargaining unit. Regular full-time employees employed to work the basic work week set forth in Article II hereof shall acquire seniority within the store thirty (30) days after hire and shall acquire seniority within the entire operation of the Employer in covered by this Agreement after six (6) months of continuous employment. The employee’s seniority shall then date back to his last date of hire. Seniority shall apply to layoffs and rehire. The last em­ ployee hired shall be first laid off, and the last employee laid off shall be the first rehired. A reduction of an em­ ployee’s work schedule below forty (40) hours per week shall be considered a regular partial layoff. A full-timetime employee who is unavailable for reasons of his own convenience, even though he accepts part-time or casual position in work, shall lose his seniority rights. For those Employees who work 25 to 40 hours per week: All part-time employees with established seniority as of the bargaining unit commencing with effective date of this Agreement and all part-time employees who thereafter work an average of twenty- five (25) hours per week during any four (4) consecutive week period shall have seniority within the individual store. The employee’s seniority date on which shall be the employee first began work in a bargaining unit position begin­ ning of the four (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)4) week qualification period. Seniority shall not accrue apply to probationary layoffs and rehire. The last em­ ployee hired shall be first laid off, and the last employee laid off shall be the first rehired. A reduction of an em­ ployee’s work schedule below twenty-five (25) hours per week shall be considered a partial layoff. Part-time employees during the probationary period. However, at the successful completion of the probationary period, the worker’s with seniority shall be retroactive entitled to their first day preference for scheduling of work hours within the individual store in the bargaining unit positionorder of their seniority so that no junior part- time employee shall receive more hours of employment than a senior part-time employee. In the event there is a violation of seniority relating to the number of hours scheduled, the Employer shall correct such violation by re-scheduling during the following four (4) week period. A schedule of hours worked by part-time employees with seniority shall be posted within the store weekly. The time limitation on the filing of such a grievance shall not begin to run until the schedule is posted. If a part-time employee with seniority declines the oppor­ tunity to work the hours to which he is entitled, he shall sign a waiver so stating, and shall accrue during his/her/their continuous employment lose seniority. Preference for full-time employment: All part-time employees with the exception of those whose work is limited to bagging, carrying out and clean­ ing, shall have the option of notifying the Company and the Union in writing within ten (10) days of the execu­ tion of this Agreement of their desire to obtain full-time employment. Employees who so notify the Company and the Union shall be given preference for full-time employ­ ment if qualified for an available opening by past expe­ rience. Part-time employees with seniority as defined herein shall be given such perference throughout the operations of the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and Part-time employees without seniority shall be broken for any given such preference within the store in which they are employed. Any employee who notifies the Company and the Union of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure his desire to report obtain full-time employment who later refuses such an opportunity when offered to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above him shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreementdismissal. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, A part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from fullwho works less than twenty-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.five

Appears in 1 contract

Samples: digitalcommons.ilr.cornell.edu

SENIORITY. Seniority An employee, other than a student hired for the vacation period, shall be defined as the employee's length of continuous service with the Employer in a regular full-time, part-time or casual position acquire seniority status after being in the bargaining unit commencing with employ of the date on which the employee first began work in Company for a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)probationary period of one hundred and eighty consecutive days. Seniority shall govern in the case of a lay- off which the Company expects to remain in effect for more than seven days provided employees are sufficiently quali- fied. No individual employee will be laid off for more than a total of days in a year without applying his/her seniority rights, notwithstanding the Company’s ability to implement the seven day lay-off without applying said employee’s seniori- ty. Sufficiently qualified shall be deemed to mean that the employee is qualified to per- form the normal duties of his/her job clas- sification. For equally qualified employees seniority shall govern in the case of a transfer or promotion to a classification within the bargaining unit, which the Company expects to remain in effect for more than thirty days. It is understood that where employees are not accrue equally qualified prefer- ence shall be given to probationary employees the best qualified. Qualifications acquired during the probationary periodperiod of a transfer or promotion made under the temporary provisions of this clause shall be disregarded in making a permanent adjustment. Where the temporary adjustments plated above occur and subsequently become permanent or exceed the time limits, the provisions of this clause shall apply immediately but such shall be without retroactive effects, Copies of the Job Posting and Lay-Off Procedure are available to the Union and will show the established lines of progres- sion and retrogression. The Company agrees not to revise the Procedure during the term of the agreement. However, at any addition to the successful completion Procedure shall not be deemed to be a revision but will be discussed and reviewed with the Union. After moving through the lines of retrogression and before lay-off, an employee will be assigned by the Company according to the employee’s seniority and subject to the first paragraph of this clause, to the lowest classification of any job progression, other than the Manufacturing Serviceman job progres- sion, (and such assignment may be to that classification occupied by the employee with the least seniority of all the employ- ees in the bottom classifications of the probationary periodlines of progression) or, if there is no such classification available to the employee, the workeremployee will be assigned to one of the following classifications, in the follow- ing order based on said employee’s seniority; Manufacturing Serviceman, Serviceman, Labourer-Janitor and Seniority shall govern in the case of a lay- off from the classification of Manufacturing Serviceman, Serviceman, Labourer-Janitor and For the purposes of this agreement an employee shall be credited with seniority for the total period of employment with the Company or its predecessor in any capaci- ty at any location. Seniority so acquired shall be lost on termination of employ- ment. However, accumulated seniority shall be retroactive restored upon employment if such termination was due to their first day lay-off, or the expiration of work in leave of absence for illness or accident, provided the bargaining unit positionlapse of time between the date of termination for such and the date of not exceed twelve months. When employment offers are made, and shall accrue during his/her/their continuous for- mer employees whose employment with the Employer within Company was terminated during the bargaining unit covered by this Agreement. Seniority shall accrue preceding twelve months due to lay-off and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority who are qualified for the job or jobs available shall be broken for any offered employment on the basis of the following reasons: • Voluntary quit • Acceptance of seniority accumulated prior to termination. The Company shall be under no obligation to such a position former employee unless said person has filed a current address and telephone number with the Employer Company for this purpose, can be reached when the opportunity for employ- ment arises and is available for work when In the event that is outside a former employee fails to accept the bargaining unit Company may consider that said person no longer wishes to be The Company agrees to post seniority lists showing the seniority status of each employee and not covered bythis Agreement • Discharge for just cause • Failure to report to work after furnish a layoff, within ten (10) calendar days after written notice copy of recall issent such lists to the address that was last provided Union. The Company agrees to alter the seniority lists at least every four months and to cor- rect any errors therein whenever proof of error is submitted by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, Union or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above employee. No change shall be considered as a new employee if made in the Employer again employs him or her. The failure seniority status of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be with- out consultation with the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateUnion.

Appears in 1 contract

Samples: Agreement

SENIORITY. Seniority shall be defined as the employee's worker’s length of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date and hour on which the employee worker first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, position and shall accrue during his/her/their her continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacationpaid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. An employee A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit quit; Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause Discharge; • Failure to report to work after a layoffLayoff, within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) calendar days after written notice of recall issent is sent to the address that was last provided by the employee worker; • Layoff which either extends: extends (a) in excess of six twenty-four (624) consecutive months, or (b) for the period of theemployee's the worker’s length of service, whichever is less less; • Absence from work without notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; • Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement; • Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. • Accepting a position with the Employer in a non-bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. Seniority shall be defined as the employee's length of continuous service with the Employer in a regular since the last date of hire into the bargaining unit, as governed by the following factors. Article An employee hired directly by the Employer will be considered on probation until after he or she has completed the greater of ninety (90) calendar days of employment or the equivalent of sixty five (65) days of active full-time, part-time employment after which time he or casual position in she will be considered a seniority employee for the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion purpose of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost If the Employer decides to terminate an employee at any time during a workerthe employee’s vacation. An employee shall lose accumulated seniority and seniority shall be broken probationary period for any of the following reasons: • Voluntary quit • Acceptance of a position with reason whatsoever, such action by the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance or arbitration procedures and arbitration provisions does not constitute a difference between the parties. Article Upon successful completion of such probationary period, the employee’s name will be placed on the seniority list and credit shall be given since the date of last hire. Seniority rights as created by this Agreement, exist only to the extent expressed herein and do not create rights or survive beyond the terms of this Agreement. Adjusting OnSeniority shall not prohibit the Company from discontinuing its operation, in whole or in part, nor will it prohibit the Company from discontinuing a job classification or rearranging duties within a classification. The purpose of seniority is to provide a policy governing job transfers, overtime selection, lay-Call/Temporary Employee offs and recalls. Article Seniority Dates If an employee is hired into an on-call will continue to accrue and will not be affected by absence resulting from vacations, holidays, sick leave or temporary position and later is awarded a regular full- time, part-time injury or casual position, his/her/their other leaves as provided by this Agreement. Article The seniority date list shall be used to determine seniority for the date purposes of this Agreement. It shall be deemed correct until such time as an error is brought to the employee was awarded attention of the regularposition. If an employee’s status changes from full-timeEmployer by the Union, part-time or casual to on-call (except due to layoff), he/she/they and any amendment therefrom will not accrue be retroactive if such an amendment would require a change to a decision made by the Employer based upon the earlier seniority while list. Article Within one (1) month of signing this Collective Agreement, and every three (3) months of each year thereafter, the Employer shall prepare and post a seniority list of all seniority employees showing the employees’ seniority according to the records of the Employer. Seniority as posted shall be deemed to be final and not subject to complaint unless such complaint is made in writing within fifteen (15) calendar days from the on-call position but will maintain seniority accrued up tothe current date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateposting.

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. Seniority shall be defined as A. For the employee's purpose of this Agreement, seniority means the length of continuous service with the Employer in a regular full-time, part-time Board or casual position in the bargaining unit commencing with any predecessor Board of Education which has been amalgamated or merged with the date Board, and seniority shall operate on which the employee first began work in a bargaining unit basis. A new employee be on probation for a period not exceeding ninety days. When an employee proves satisfactory shall be confirmed i n her position (on-calland her name shall be placed on the seniority list and her seniority shall date back to the date of her hire. The Board will maintain a seniority list showing each employee's name, and/or temporary employees shall not accrue her job classification and the date upon which het seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, The seniority list w i l l be revised and posted twice a year at the successful completion end of May and the end of November and the Board w i l l send two copies of the probationary period, list to the worker’s Union. Complaints about the accuracy of the seniority list will be considered within fifteen 15) days of the date of posting and the list shall be retroactive deemed to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer be accurate if no complaint or grievance is received within the bargaining unit said time l i m i t of fifteen (15) working days. Those transferred to supervisory positions or those positions not covered by this Agreement, will retain their seniority accumulated i n the bargaining unit, and, if transferred back into the bargaining unit, they shall be credited with all such seniority, provided that no bargaining unit employee who has completed her probationary period shall he displaced as a result of such transfer. Seniority If an employee is absent work because of personal illness, accident or leave of absence authorized by the Board, she shall accrue and not lose her seniority rights. However, an employee's seniority shall only be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge dismissal just cause; voluntary resignation; lay- off for just cause • Failure twelve (12) con- secutive months ; failure to report to the Board within the t i m e specified i n a recall notice or failure to report f o r work after on the date specified in a layoff, within ten (10) calendar recall notice unless unable to do so through personal illness or other valid reason; absence from work for three consecutive working days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, without a valid reason. TRADE UNION REPRESENTATION The Union shall elect or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any appoint two stewards from each of the reasons outlined above shall be considered as a new employee if areas, and two stewards from the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateBoard and/or Area Offices.

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. (a) Seniority for the purpose of posting (promotions, Reclassifications) and (see clauses shall be defined as the employee's continuous length of continuous in the Caretakingand Maintenance of the Board from last date of hire. Effective January seniority shall be pro-rated for employees working less than twenty (20) hours per week. Length of service, for the purpose of vacation entitlement and benefits shall be length of service with the Employer Board which shall include service in a regular full-time, other departments than Caretakingand Maintenance. All employees who work less than twenty (20) hours per week are considered part-time timeemployees. They will seniority on a pro-rata basis. (a) An employee who works twenty (20) hours or casual position more per week shall be on a probationary period for the first three (3) months of employment. All employees or transferred to participate the apprenticeship program shall be required to a three (3) month probationary period prior to registration with the Ministry of Skills Development. The employee shall not have recourse to grievance regarding discharge except in the bargaining unit commencing with case of unjust cause. An employee who works less than twenty (20) hours per week shall be on a probationary period for the date on which the employee first began work in a bargaining unit position five hundred and (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)520) hours of paid time. Seniority shall not accrue to probationary employees during the probationary period. However, at the Following successful completion of the employee's probationary period, the worker’s seniority employee shall be retroactive to their first day placed on the seniority list and will be credited with seniority at the date of work hiring in the bargaining unit position, Caretaking and shall accrue during his/her/their continuous employment with Maintenance Department (pro-rated for under twenty (20) hours per week) and the employee will be notified in writing of the employee's change of status. Both parties recognize that the purpose of probation is for the Employer within to properly ascertain that the bargaining unit employee in question is in fact capable of performing the duties and is suitable for the position for which the employee was hired. It is understood that probationary employees are subject to a lesser standard of just cause (basic procedural fairness). Seniority lists (one (1) for caretaking, one for maintenance and one (1) for apprentices) shall be established for all employees covered by this AgreementAgreement based upon each employee's last date of hiring. Seniority The seniority lists will be revised on September of each year, one (I)copy to be filed with the Union and additional copies to be posted on all bulletinboards. Employees who work less than twenty (20) hours per week shall accrue have a separate seniority list based upon hours of work. Upon successful completion of the apprenticeship program, and if permanent employment is offered, the apprentice will have seniority transferred from the apprentice seniority list to the maintenance seniority list. In the event of a lay-off, an apprentice shall not be lost during a worker’s vacationhave the right to bump any employee in the maintenance or caretaking categories. An If an employee is transferred by the Board to another category, that employee shall not lose accumulated the employee's seniority with the Board. In the event of lay-off, employees will be appointed to the least senior position in their job classification. If no position available in their job classification, employees will be appointed to the least senior position in a lower classification provided that they have the experience, qualifications, skills and seniority shall be broken for any ability to perform the requirements of the following reasons: • Voluntary quit • Acceptance of position. No employee will be transferred to a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which without the employee’s status changed to on-call's consent. If such a transfer does take place, the employee is shall retain the employee's Seniority acquired to the date of the transfer, for a period of up to two (2) years, but will not accumulate any further seniority. If such an employee later awarded returns to the bargaining unit, the employee shall be placed in a regular fulljob consistent with that employee's seniority, and the employee's return shall not result in the lay-time, part-time off or casual position again, his/her/their seniority date will be adjusted by addingthe number bumping of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.an employee holding greater

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. Seniority shall be defined as the employee's length of continuous service with the Employer in a for regular full-time, part-time or casual position in the bargaining unit commencing with employees shall be determined by the date on which the employee first began work in a bargaining unit position (onsuch employees become regular full-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)time employees. Seniority shall not accrue Promotions to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer higher classifications within the bargaining unit covered by this Agreementshall be made in accord with seniority, provided that the employees consi- dered for promotion must possess the qualifications and ability necessary for the higher classification. Seniority The EMPLOYER shall accrue deter- mine the qualifications and ability of employees considered for pro- motion, provided such determination shall not be lost unreasonable and be subject to the grievance procedure. Any employee who has been promoted to a higher classification with the bargaining unit and after a reasonable trial period does not meet the EMPLOYER's require- ments for the higher position shall be restored to his former posi- tion and shall retain his seniority. Any employee who has been promoted to a higher classification outside the bargaining unit and after a reasonable trial period not to exceed six months, does not meet the EMPLOYER's requirements for the new position, or the employee wishes to to his former position, he shall be restored to his former position and shall retain his senio- rity therein. The foregoing shall be applied only once to any indi- vidual employee during the term of this agreement. Demotions or layoffs within the bargaining unit shall be made in accord with seniority; provided, the employees considered for such change in status possess the ability and qualifications neces- sary to perform the work of the EMPLOYER. The EMPLOYER shall the ability and qualifications of employees considered for such changes in status, provided such determination shall not be unreason- able, and shall be subject to the grievance procedure. Whenever the guaranteed number of hours of work per week shall be regularly available to a worker’s single part-time employee, in excess of the regularly scheduled work then guaranteed to regular full-time employees and exclusive of relief work performed for employees who are absent or on vacation, emergency and special Sunday, holiday and night work, then another employee will be added to the list of regular full-time employees. In the event the work requirements of the EMPLOYER shall be reduced due to loss of business or curtailment of the EMPLOYER's operation, to the point that the guaranteed number of hours of work per week shall not be regularly available to all of the regular full-time employees, the EMPLOYER shall have the right to reduce junior regular full-time employees to part-time status. Regular full-time employees who may be demoted to the status of time employees, shall hold top seniority among the part-time employees, shall have first call to assignments with greater earning opportunities and shall be first in line for promotion to regular full-time status. An employee shall lose accumulated seniority and seniority shall be broken for in any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.events:

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. Seniority A single seniority list shall be defined as maintained for all inside Workers. Where an employee is the employee's successful applicant to a permanent vacancy in another of the Collective Agreement, that employee shall transfer full seniority and service into that Note: An applicant for a job vacancy that currently holds a job on the same and meets the conditions of Articles A6 and will have priority to fill the vacancy over applicants who hold jobs in other Seniority for permanent employees shall mean length of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with from the original date of hire. For time spent as a part-time employee, seniority shall be calculated on which a pro-rata day to day basis from their original date of hire and contingent upon continuous service in the employee first began work bargaining unit. A break in continuous service due to a bargaining unit position layoff of less than one (on-call1) year in duration, and/or temporary employees maternity leave, and authorized leave of absence shall not accrue be construed as a break in continuous service for seniority while in such positions but purposes. Permanent appointments shall maintain any previously accrued seniority). Seniority shall not accrue be subject to probationary employees during the a six (6) month probationary period. HoweverA performance evaluation report shall be made before the end of the six (6) month probationary period. On the basis of this report, a decision shall be made and the employee notified that permanent appointment has been confirmed; appointment is not confirmed and employment is terminated; time spent under temporary appointment shall be credited to the probationary period upon successful qualification for the position presently being held. In the case of the employee shall be notified of the reason. Notwithstanding the above provisions of this article when a probationary period is interrupted by illness, injury or for any other reason for a period of time exceeding one week altogether the probationary period shall be extended by an equivalent amount of time that exceeds one (1) week. Where the employer finds it necessary to reduce jobs within a classification, or to reduce the complement of employees, employees within the affected classification shall be given notice of layoff in reverse order of their seniority. Permanent employees who are to be laid off or are laid off, shall be eligible for employment in other departments at the successful completion prevailingjob rate of the probationary period, the worker’s seniority pay dependent upon a willingness to assume such other work and based on a maximum two (2) refusal limit. Time employed in this regard shall be retroactive count as service. The Corporation agrees that if an employee is placed in another department as a result of a layoff they shall have first preference to return to their first day former department position upon the need of work employment. Employees who receive notice of layoff may, prior to the effective date of layoff, either accept the layoff or bump another employee in the bargaining unit positionwho has lesser seniority, on condition that the employee is willing and shall accrue during his/her/their continuous employment with qualified to perform the Employer within available work at the bargaining unit covered by this Agreementapplicable job rate. Seniority rights for bumping purposes shall accrue and not be lost during exercised in a worker’s vacationlateral or downward manner. An employee Employees shall lose accumulated be recalled to work in order of their seniority and before new employees are hired, provided they are willing and reasonably qualified to perform the available work at the applicablejob rate. Employees may be temporarily promoted to another City position outside of their seniority shall be broken group for any periods of the following reasons: • Voluntary quit • Acceptance up to two (2) years and seventeen (17) weeks subject to a loss of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateinvolved.

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. Seniority a) There shall be defined five (5) separate seniority lists as the employee's length of continuous service with the Employer in a regular follows: Armoured Car; Money Room; Coin Centre; Xxxxxxx. Seniority for full-time, part-time or casual position in the bargaining unit commencing with employees shall be determined by the date on which the employee first began work in a bargaining unit position (onsuch employees become full-call, and/or temporary time employees. Seniority for extra employees shall not accrue seniority while in be determined by the date on which such positions but employees are placed on the full time and extra armoured division list. Seniority for part time employees shall maintain any previously accrued senioritybe determined by their hire date, the date on which such employees commenced part time employment with Brink's (i.e. employees first active day on the employers payroll, first active date employee punched time card and time of start as a part time employee). Seniority shall be recognized for employees and shall prevail in the following respects: In the selection of vacation; In the layoff and re-hiring of employees; provided the xxxxxxx shall be deemed senior employee with respect to layoff; In cases of promotions, provided the ability and qualifications of employees considered for promotion are relatively equal. Any employee who has been promoted to a higher classification shall his overall seniority into said classification. In the event an employee, having had a reasonable trial period, does not accrue meet the Employer's requirements for the new position, that employee shall be restored to probationary his former position and retain his seniority. Extra employees during shall be given preference, by seniority, to all work assignments in excess of work guaranteed to full-time employees up to a maximum of forty (40) hours per week. Extra employees shall enjoy seniority over part-time employees. Work assignments for part time employees will be scheduled from a part time availability list according to seniority provided employees are qualified to perform the probationary work required. Part time employees will be required to make themselves available for a minimum of five (5) shifts per month, should those shifts work be available. Part time employees will be required to make themselves available a minimum of two (2) weekends per month (weekend being Saturday and Sunday). These shifts shall count towards the above noted minimum. Part time employees will be required to submit the days they are available on the posted schedule for a two (2) week period. HoweverWhen this two (2)week schedule is made up the shifts hours submitted, at part time employees will be required to be available for the successful completion of scheduled shift. Employees will be required to perform all duties in the probationary period, classifications. The Employer will post the worker’s seniority part time availability list. Full-time and extra employees who shall be retroactive to their first day of work in the bargaining unit position, and laid off shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated retain seniority and seniority recall rights for a maximum period of one (Iy)ear. Recall shall be broken for any of by registered letter to the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to employee's last known address. Employees must report to work after a layoff, within ten seven (107) calendar days after written notice delivery of such letter. Employees who fail to report within seven (7) days shall lose seniority and recall issent rights. Whenever hours of work per week equal to the address that was last weekly guarantee of hours provided by for full-time employees, as provided for under Article above, shall be regularly available on the employee • Layoff which either extends: (a) Employer's armoured cars to part-time employees in excess of six (6) consecutive monthsthe regularly scheduled work then guaranteed to full-time employees, or (b) and exclusive on call of relief for employees absent, on vacation, emergency relief, Sunday, holiday and Special Night Work, an additional employee shall be added to the period list of theemployee's length of service, whichever is less A worker whose seniority is lost for any full-time employees. Such vacancy shall be filled by the promotion of the reasons outlined above most senior extra employee to full-time status. In the event there are no extra employees, such vacancy shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes filled from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority datenormal employment sources.

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. Seniority New employees will be considered as probationary employees until they have been employed continuously for a three (3)month probationary period. Probationary employees shall have no seniority rights but after the probationary period their seniority shall be defined as the employee's length dated b date of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during commencement of the probationary period. Howeverand employment shall be deemed to be Voluntarily leaves the employ of the Company. Is discharged for just cause and is not reinstated purs- uant to the of this agreement. Is absent without an acceptable reason for three consecutive working days without notifying the Com- pany during such period of the reason for such absence, unless the reason for failure to notify is justifiable. Fails to return to work on the day specified at the successful completion end of a leave of absence, unless the probationary periodreason for failure to re- turn is acceptable to the Company. For the purposes of Article Section a reduction in the number of employees in a job due to the volume of work or for economic reasons shall be deemed to be a lay off. For the purposes of Article Section "location" shall mean the branch or division office at or out of which the employee works. Lay and recalls shall occur in the manner herein- after set forth, provided that the employees who re- main are capable, willing and available to do the work required. In the event lay are required, the worker’s seniority following proce- dure shall be retroactive to their first day of work followed: All Temporary Employees shall be laid off first. All Probationary Employees shall be laid off in the bargaining unit positionrespective departments where the layoffs occur. All Probationary Employees throughout the Bargaining Unit shall be laid off. Thereafter employees shall be laid off in accord- ance with Article Section (e). Bargaining Unit for which is qualified and for which seniority would entitle which there exists for which qualified and for which entitle In the event that more than one employee is laid off at the same time, and the senior such employee shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacationhave preference as to which junior employees af- fected they displace. An employee shall lose accumulated seniority who is laid off and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position who displaces another employee in accordance with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.Article Section

Appears in 1 contract

Samples: Agreement

SENIORITY. Seniority An employee will be considered a probationary employee until they have been employed by the Company for a period of three (3) continuous calendar months. During such probationary period they will have no seniority rights but once seniority is acquired it will be regarded as having started from the date upon which such probationary period commenced. Notwithstanding any other provisions contained in this Collective Agreement, the termination of employment of a probationary employee shall be defined as at the sole discretion of the Company. There shall be established a seniority list showing bargaining unit employees in order of seniority. Such list shall show the employee's length of continuous service with seniority and the Employer department in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in holds such positions but shall maintain any previously accrued seniority). Seniority lists shall not accrue be revised once every six months and copies supplied to probationary employees during the probationary periodUnion. Subject to the provisions of this Agreement, seniority shall be by department and plant-wide. For the purpose of applying the seniority provisions of this Agreement, such seniority provisions shall be applied only to the extent expressly provided in this Agreement. A seniority employee who is transferred to another department by seniority on an indefinite layoff layoff for a period longer than a temporary layoff as defined on recall xxxxxxxxx, shall lose seniority in their former department in which hey had department seniority) and attain seniority in the new department after sixty (60) days in the new department. However, at such employee's former job opens up within sixty (60) days in the successful completion of the probationary periodnew department, the worker’s seniority employee shall be retroactive return to their first day former job. An employee shall hold seniority in only one department at any one time. The appointment or selection of work in employees for supervisory positions or for any position not subject to the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit provisions of this Agreement is not covered by this Agreement. Seniority shall accrue and not be lost during A non-bargaining formerly a worker’s vacation. An seniority employee shall lose accumulated seniority and seniority in the bargaining unit, who is transferred to a position within the bargaining unit, shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position credited with seniority equal to their full accumulated service with the Employer that is Company including the time worked outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after they shall be placed in a layoffjob consistent with his seniority. In filling permanent job vacancies (except those in respect of positions excluded from the bargaining unit) and in cases of decrease or increase of the working force, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extendsfollowing factors shall be considered: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of continuous service; efficiency and qualifications; physical fitness and reliability. Where, whichever is less A worker whose seniority is lost for any between employees, the qualifications factors and are relatively equal in the judgment of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- timeCompany, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.factor

Appears in 1 contract

Samples: Agreement

SENIORITY. Seniority (a) An employee will be considered on probation, and will be placed on theappropriate seniority list(s) three calendar months from the date of hire, and providing the employee has completed four working hours in this period. If he has not completed the required hours, the Company may elect to extend his probationary period to allow completion of the hours, at which time he shall be placed on the appropriate seniority list(s) three months prior to such date, but the four hundred hours must be worked within six consecutive months. When a probationary employee is terminated, the Human Resources Department will notify the Union Plant Chairperson. No grievance may be filed pertaining to such termination. Students hired for summer employment will not be eligible for seniority status. The Company may elect to hire students for summer employment within the period of May through September providing there are no seniority employees on lay-off, and all permanent vacancies are posted and filled or are in the process of being filled. Students will be assigned work in direct labour job classifications, on a rotating shift basis or steady afternoons or midnights. The Company shall maintain the seniority lists and revise them every three months. There shall be no seniority amongst probationary employees. For the purpose of this agreement, the word employee means an employee who has seniority unless otherwise stated. For the purpose of this agreement, seniority means the seniority accumulated by an employee as defined as on the employee's length of continuous service with the Employer in respective seniority lists. Any employee assigned to a regular full-time, part-time or casual position in job outside the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue return to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer a job within the bargaining unit covered by this Agreementand shall forfeit any accumulated seniority. Notwithstanding their seniority status, the Zone Xxxxxxx, Vice-Chairperson or Chairperson, with one or more years of seniority with the Company shall, in the event of layoff be continued at work as long as work in their respective zone, plant or company, whichever is applicable,. is available provided they are qualified, willing and able to satisfactorily perform the work being done at that time. With respect to scheduled work to be performed on overtime, the Company will schedule the zone xxxxxxx, who has the ability to perform an overtime job, when five or more people are working in the zone. Should the zone xxxxxxx refuse the overtime, the Union shall appoint one of the employees scheduled to work overtime as a temporary xxxxxxx. It is the responsibility of the zone xxxxxxx to notify the Union of his overtime refusal. In situations where no stewards are representing ten or more workers, within a plant, the Vice-Chairperson will be scheduled to perform one of the available overtime jobs. Seniority shall accrue rights and not be lost during a worker’s vacation. An employment of an employee shall lose accumulated seniority and seniority shall be broken cease for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.:

Appears in 1 contract

Samples: negotheque.travail.gc.ca

SENIORITY. Seniority Full-time and part-time employees who have completed their probationary period shall be defined have seniority. Employees shall have earned seniority for all time prior to the effective date of this Agreement in continuous employment with the Employer.' For all time on and after the effective date of this Agreement, seniority shall accrue as the employee's length of continuous service employment with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue 1 This includes any and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for all time of continuous employment at any of the following reasons: • Voluntary quit • Acceptance Prospect CharterCARE, ChareCARE and/or pre- CharterCARE facilities. Seniority will govern with respect to matters such as the filling of a position with the Employer that is outside the bargaining unit vacancies, vacation accrual and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a scheduling, service area (tract) assignments, layoff, within ten (10) calendar days after written notice of recall issent to the address that was last and as otherwise provided by the employee • Layoff which either extends: (a) for in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting OnLayoff/Bumping Management has the right to layoff employees for lack of work. Layoff for lack of work shall be in the order of seniority within the job classification, least senior first. Employees in the non-Call/Temporary Employee Seniority Dates professional bargaining unit who have been designated for layoff may fill an available bargaining unit vacancy provided they are qualified. Such employees will be required to fill an available vacancy for which they are qualified if it involves the same department and number of regularly scheduled hours per week as the position the employee held when the employee was designated for layoff. If an employee is hired into in the non-professional bargaining unit does not fill a vacancy pursuant to the preceding paragraph, then she/he will have the option to be laid off or, if qualified, to bump. In that regard, the laid off employee may bump a junior employee in a different job classification provided that the employee exercising the bump can perform the essential functions of the job with an on-call or temporary position and later is awarded orientation not to exceed fourteen (14) calendar days. Notwithstanding, a regular full- time, part-part time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-can only bump another regular part time or casual to on-call (except due to layoff), he/she/they will employee - provided however that a part time employee cannot accrue seniority while in the on-call bump into another part time position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded with a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe greater number of calendardaysthe employeewasinanon- call regularly scheduled hours than the part time position totheemployee’s seniority dateto determine his/her adjusted seniority datepreviously held.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. Seniority The Company the principle of se- niority. In the application of seniority, it shall be defined as determined by Lumber Division or Woodlands Division seniority but the seniority of each Division will be separate and distinct from the seniority of the other. The selection and promotion of supervisory officials from the bargaining unit shall be entirely a matter for the Company’s decision, in making such selection or promotion, length of service will be given due consideration. In the event of a reduction of forces, the last per- son hired shall be the first released. It is agreed between the parties that seniority dur- ing lay off shall be retained on the following basis: Employees with less than one year of service shall retain their seniority for a period of six months. Employees with one or more years service shall retain their seniority for one year, plus one additional month for each year’s service up to an additional twelve months. It shall be the employer’s to maintain an address file of the employees and it shall be the employee's length ’s responsibility to notify the employer in writing of continuous service any change of address. For the purpose of establishing seniority for all employees during the term of the Agreement, it is hereby agreed that seniority shall be by number starting with Number One When an employee leaves the operation his number shall cease to exist and shall not be given an employee entering into the employ of the Company. Notwithstanding anything to the contrary in this Agreement it shall be mutually agreed that all employees are hired on probation, the probationary period to continue for Forty-Five calendar days during which time they are to be considered probationary employees only. During this same period no seniority rights shall be Upon completion of Forty-Five calendar days they shall be regarded as regular employees and shall then be entitled to seniority dating from the day in which they entered the Company’s employ. When hiring new employees consideration for pre- xxxxxxx shall, subject to the same conditions as in and be given to those employees of the Company having previous seniority and who have applications on file. The Company agrees to provide the Union with a Seniority list, by Division, of the Company’s employees by number once each six months, setting out the number, name, camp (Woodlands Division) and seniority with the Employer Company of each employee. The seniority of the employees will be posted on the bulletin boards in conjunction with the list being sent to the Union. In any where an employee has been trans- ferred by the Company to a regular full-timesupervisory position and at a later date ceases to be a supervisory worker and the Company desires to retain his services, part-time or casual position it is hereby agreed that reinstatement can be made within the bargaining unit, provided however, that supervisory workers reinstated in the bargaining unit commencing with must return within one year to the date on which job held at the time of their promotion to a supervisory position providing the job is not held by an employee having more Plant seniority. If the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue returns to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit after the expiration of one year from the date of his promotion, he shall return to a base rate job to which his seniority entitles him. Supervisory employees in above shall have their seniority frozen while in a supervisory position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated cease to have seniority and his employment shall be terminated if the employee: Is discharged for proper cause. Terminates his employment with the Company. Does not return to work fifteen days after he is called back to work. In case of major recalls after reduction in the labour force employees will be notified by telegram at least fifteen days in advance of the commencement of operations. Upon receipt of the recall the employee will notify the Company by telegram, Collect, within seven days of his intent to work on the specified date. It shall be the employee’s responsibility to keep the Company informed of his address during layoff. Recall notice will be sent to the last known address on record of the employee. During a reduction of work forces when an em- ployee’s seniority is such that he will not be able to keep his regular job he may elect to apply his seniority to obtain a job paying a higher rate if he has previously held the job in the operation on a regular basis. He may also elect to apply his seniority to obtain a lower paid job or a job paying the same rate of pay, provided he is able to perform assigned work. Upon increasing the workforce, an employee shall be returned to service in order of seniority, provided he is able to perform the work. Employees exercising their seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of allowed a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the day period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority date.refamiliarisation

Appears in 1 contract

Samples: Master Agreement

SENIORITY. Seniority shall be defined as the employee's length of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated acquire seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work rights after a layoff, within ten ninety (1090) calendar days after written notice in any consecutive twelve (12) month period terminating during the life of recall issent this Agreement in which event the employee’s seniority date will be a date ninety (90) days prior to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-callseniority rights were acquired. If Notwithstanding the foregoing provision, employees hired as will not acquire seniority rights, nor acquire credit towards seniority rights except as provided in Section and Section of this Collective Agreement. An employee shall be a probationary employee until such employee is later awarded has acquired seniority rights at which time the employee becomes a regular full-time, part-time seniority employee. As used throughout this Agreement an “eligible employee” or casual position again, his/her/their “Seniority employee” shall refer to a who has acquired seniority date will be adjusted by addingthe number rights in accordance with the provisions of calendardaysthe employeewasinanon- call position totheemployeeparagraph (47) of this Agreement and does not include vacation replacements or excluded employees. An employee’s seniority dateto determine his/her adjusted shall be broken: if the employee quits; if the employee is discharged and not reinstated; if the employee is absent for three working days without properly notifying the Employer, unless a satisfactory reason is given; if the employee fails to report for work in accordance with a notice of recall by registered mail and/or courier service which is clear in intent and purpose or within five (5) working days after receipt of such notice, whichever is later, unless a satisfactory reason is given; if the employee fails to report for work within five (5) working days after the expiration of any leave granted to the employee, unless a satisfactory reason is given; Subject to the provisions of Section and Appendix if the employee is laid off or is absent on a sick leave for a continuous period equal to the seniority datesuch employee had acquired at the time of such layoff or absence or the period of one year, whichever is greater. The Local Committee Chairperson shall be informed by the employer of the anticipated loss of seniority by the employee one week in advance of the anticipated occurrence; if the employee retires or is retired under the terms of the Pension Plan Should an employee’s seniority be broken and should the employee thereafter be rehired, such employee shall on such rehiring be a Probationary Employee. Up-to-date seniority lists shall be made available to each Committee Chairperson quarterly. This list shall include departmental and pension dates.

Appears in 1 contract

Samples: Master Agreement

SENIORITY. Seniority An employee, other than a student hired for the vacation period, shall be defined as the employee's length of continuous service with the Employer in a regular full-time, part-time or casual position acquire seniority status after being in the bargaining unit commencing with employ of the date on which the employee first began work in Company for a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)probationary period of one hundred and eighty consecutive days. Seniority shall govern in the case of a lay- off which the Company expects to remain in effect for more than seven days provided employees are sufficiently qualified. No individual employee will be laid off for more than a total of days in a year with- out applying his/her seniority rights, notwithstanding the Company’s ability to implement the seven day lay-off without said employee’s seniority. Sufficiently qualified shall be deemed to mean that the employee is qualified to per- form the normal duties of his/her job For equally qualified employees seniority shall govern in the case of a transfer or pro- motion to a classification within the bar- gaining unit, which the Company expects to remain in effect for more than thirty days. It is understood that where employ- ees are not accrue equally qualified preference shall be given to probationary employees the best qualified. Qualifications acquired during the probationary periodperiod of a transfer or promotion made under the temporary provisions of this clause shall be disregarded in making a permanent adjust- ment. Where the temporary adjustments contem- plated above occur and subsequently become permanent or exceed the stipulat- ed time limits, the provisions of this clause shall apply immediately but such applica- tion shall be without retroactive effects. Copies of the Job Posting and Lay-Off Procedure are available to the Union and show the established lines of and retrogression. The Company agrees not to revise the Procedure during the term of the agreement. However, at any addition to the successful completion Procedure shall not be deemed to be a revision but will be discussed and reviewed with the Union. After moving through the lines of retrogression and before lay-off, an employee will be assigned by the Company according to the employee’s seniority and subject to the first paragraph of this clause, to the lowest classification of any job progression, other than the Manufacturing Serviceman job (and such assignment may be to that classification occupied by the employee with the least seniority of all the employ- ees in the bottom classifications of the probationary periodlines of progression) or, if there is no such classification available to the employee, the workeremployee will be assigned to one of the following classifications, in the follow- ing order based on said employee’s senior- ity; Manufacturing Serviceman, Serviceman, Labourer-Janitor and Seniority shall govern in the case of a off from the classification of Manufacturing Serviceman, Serviceman, Labourer-Janitor and For the purposes of this agreement an employee shall be credited with seniority for the total period of employment with the Company or its predecessor in any capacity at any location. Seniority so acquired shall be lost on termination of employment. However, accumulated seniority shall be retroactive restored upon if such termi- nation was due to their first day lay-off, or the expiration of work in leave of absence for illness or accident, provided the bargaining unit positionlapse of time between the date of termination for such reasons and the date of does not exceed twelve months. When employment offers are made, and shall accrue during his/her/their continuous former employees whose employment with the Employer within Company was terminated during the bargaining unit covered by this Agreement. Seniority shall accrue ‘ceding twelve months due to lay-off and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority who are qualified for the job or jobs able shall be broken for any offered employment on the basis of the following reasons: • Voluntary quit • Acceptance of seniority accumulated prior to The Company shall be under no obligation to such a position former employee unless said person has filed a current address and telephone number with the Employer Company for this purpose, can be reached when the opportunity for employ- ment arises and is available for work when required. In the event that is outside a former employee fails to accept the bargaining unit Company may consider that said person no longer wishes to be The Company agrees to post seniority lists showing the seniority status of each employee and not covered bythis Agreement • Discharge for just cause • Failure to report to work after furnish a layoff, within ten (10) calendar days after written notice copy of recall issent such lists to the address that was last provided Union. The Company agrees to alter the seniority lists at least every four months and to cor- rect any errors therein whenever proof of error is submitted by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, Union or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above employee. No change shall be considered as a new employee if made in the Employer again employs him or her. The failure seniority status of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall be without consultation with the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateUnion.

Appears in 1 contract

Samples: Agreement

SENIORITY. Seniority It is hereby agreed that each Local Union shall be defined designate which retroactive seniority date (a. or b.) shall apply to their Customer Counter Clerks that were on the payroll as the employee's length of continuous service with the Employer in a regular full-timeNovember 19, part-time or casual position in the bargaining unit commencing with the 1998 (hereinafter “effected Customer Counter Clerks”). The application of this seniority date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue be cause for a contract violation prior to probationary employees during or after the probationary period. However, at the successful completion signing date of the probationary periodLetter of Understanding and shall become effective on the signing date of the Letter of Understanding. The seniority date for those effected Customer Counter Clerks who were on the payroll and a United Parcel Service employee on November 19, the worker’s 1998 shall have their seniority shall date be retroactive to December 5, 1995 or their actual date of hire, whichever is more recent. This language applies to these Locals of JC #28: Locals #174, 313, 589, 690 and the Local 252 locations formerly represent- ed by Local 378. The seniority date for those effected Customer Counter Clerks who were on the payroll and a United Parcel Service employee on November 19, 1998 shall have their seniority date be retroactive to November 19, 1998. This language applies to these Locals of JC #28: Locals #38, 58 and the Local 760 locations formerly represented by Local 524 Those Customer Counter Clerks hired after November 19, 1998 shall have a seniority date of their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer within the bargaining unit covered by this Agreementworked upon gaining seniority. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above shall be considered as a new employee if the Employer again employs him or her. The failure of the Employer to rehire said workerafter the loss of seniority shall not be subject to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date shall all contractual purposes will be the date applicable in #1 a b or c above, except as provided in # 5 below. Vacation accrual for those effected Customer Counter Clerks will be their original hire date at United Parcel Service. For the employee was awarded vacation peri- od of 2000, all effected Customer Counter Clerks will receive those weeks of vacation they would have received as a Customer Counter Associate. For the regularpositionremainder of the current collective bargaining agreement, those effected Customer Counter Clerks will receive the number of weeks from Article IX of the United Parcel Service Joint Council of Teamsters No. If an employee’s status changes from 28 Rider or Article 6 of the Sort Addendum. The scheduling of vacations for the Customer Counter Clerks will be determined by their area practice. Only for the purpose of bidding Article 22.3 full-time, part-time inside jobs or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date if displacement occurs these Customer Counter Clerks will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority allowed to utilize their Company hire date.. WAGES AND BENEFITS

Appears in 1 contract

Samples: d3n8a8pro7vhmx.cloudfront.net

SENIORITY. Seniority shall be defined as determined by the amount of net credited service of any employee. In the event any employee is properly discharged (with Just Cause), or resigns their position, they shall forfeit their seniority immediately, and in all other cases, seniority shall terminate at the end of one (1) year after lay off or two (2) years after being placed on Long Term Disability. After an employee has been reengaged in the service of the Cooperative for a period of five (5) consecutive years, all previous service which was lost when the employee previously left the service of the Cooperative shall be credited to the employee's length seniority. When employees have been laid off because of continuous service with lack of work and are later re-employed, such lay-off shall in no way change their seniority on the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority)list. Seniority shall not accrue to probationary employees during prevail in matters affecting the probationary periodassignment of hours on work schedules, vacations, lay-offs, and re-hiring after lay-offs, insofar as service requirements will permit. HoweverWhen positions are filled, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work govern provided the employee, in the bargaining unit positionopinion of management, possesses the capabilities and shall accrue during his/her/qualifications necessary to perform the work. Part-time employees may exercise their continuous employment with seniority after full-time employees have exercised their seniority. When a newly created position or vacancy occurs in the Employer Cooperative, which is within the bargaining unit covered unit, the Cooperative shall inform all employees by this Agreementemail to their WRT work issued accounts. Seniority shall accrue and not be lost during a worker’s vacation. An employee shall lose accumulated seniority and seniority Such notices shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause • Failure to report to work after a layoff, within ten posted at least seven (107) calendar days before the position is to be filled and shall set forth the requirements for the position as they have been established by the Cooperative. Employees who wish to bid on the posted position must meet the requirements of the new position. The employee shall notify the Cooperative in writing of their desire within the seven (7) calendar day period after written the position is posted. The Cooperative shall have fourteen (14) calendar days thereafter to either designate the person who has been selected to fill the position or to indicate that no currently employed employee has been selected. In the event a dispute arises as to the seniority of two (2) or more employees starting to work for the Cooperative on the same date, then the older in age shall be deemed to have the greater seniority. Seniority lists shall be kept up-to-date by the Cooperative and shall be available for inspection by the Union or any of its members at reasonable times. Such lists shall be made up and posted on all bulletin boards during January of each year, showing the name, location, classification, net credited service date, and the position of the employee. In the event of lay-offs, the Cooperative shall follow the principles of Cooperative Seniority insofar as it can, taking into consideration the capabilities and qualifications of the employees to perform the work; however, no employee shall be laid off who has greater Cooperative Seniority and has the capabilities and qualifications to fill a position now being held by an employee with less Cooperative Seniority. It will be the responsibility of an employee to make known his or her qualification for, and desire for employment in a position. Employees shall be rehired from layoff in reverse order of and under the same policy prescribed above for lay-offs, and preference shall be given to employees who have been laid off and who are qualified to perform the work of the job available. Employees laid off because of lack of work who make an appropriate request in writing to the Cooperative shall receive a notice of recall issent all re-employment job openings covered by seniority as set forth herein, so long as their accumulated seniority is in force. Such former employees shall notify the Cooperative within seven (7) days from the date job openings are mailed from the Cooperative office of their desire to apply for the job. Communications sent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length of service, whichever is less A worker whose seniority is lost for any of the reasons outlined above former employee as shown on the records of the Cooperative, shall be considered as a new employee if the Employer again employs him or herconstitute proper notification. The failure Union will be informed immediately of the Employer all such notifications. The Cooperative shall give thirty (30) days’ notice prior to rehire said workerafter the loss of seniority shall not be subject lay-offs, and notice to the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee who, because of force reduction, is hired into an on-call or temporary position and later is awarded to be assigned to a regular full- time, part-time or casual position, his/her/their seniority date shall be the date the employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority datelower job classification.

Appears in 1 contract

Samples: Agreement

SENIORITY. Seniority shall be defined as is the employee's length of continuous service with the Employer in a regular full-time, part-time or casual position in the bargaining unit commencing with the date on which the employee first began work in a bargaining unit position (on-call, and/or temporary employees shall not accrue seniority while in such positions but shall maintain any previously accrued seniority). Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her/their continuous employment with the Employer Company within the bargaining unit unit. Length of service means the date of entry into service with the Company. Employees shall forfeit their seniority in the event that: they are discharged for just cause; they voluntarily terminate their position; they are on layoff for more than months; or they fail to notify their intent to return in accordance with Article 10.05; they fail to from scheduled leave without prior notice to the Company. A seniority list will be compiled by the Company and will be revised annually. Such list will show names, positions and last entry into service in positions covered by this Agreement. Seniority A copy of the seniority list shall accrue be forwarded to the Union, and not shall also be lost during posted on each vessel for all to see, annually, no more than fifteen days after it is compiled. For the purpose of this article, the time limit for filing a worker’s vacationgrievance regarding a member's seniority shall be fifteen days. Layoff and Recall It is agreed that in layoffs and rehires, preference will be given to qualified employees with the greatest length of service with the Company for placements within t h e bargaining unit. Vacancies within the bargaining unit will be posted on the employee's bulletin board. Where more than one employee applies for the position where skill and ability are relatively equal, preference will be given to the employee with the greatest length of service with the Company. An employee shall lose accumulated who has been laid off will retain seniority and seniority the right to be recalled for the next sailing season. Unlicensed personnel who are laid of€ in the previous season shall advise the Company's personnel office, in writing, between February 15th and March 15th of each year to indicate whether they will be broken available for any employment in the upcoming operating season. Employees who fail to notify the Company in accordance with this Article are subject to discharge from service. The Company recognizes the value of career development and may, form time to time, promote qualified unlicensed employees to officer positions. It is understood that an employee who has satisfactory prior Company service as an Officer (with no break in Company service) will be ahead of employees who do not have company service as an Officer. It is understood that employees seeking promotions to Officer status must be members of the following reasons: • Voluntary quit • Acceptance in good standing. Employees who are promoted shall only retain their seniority rights with the Unlicensed Union provided they remain as members in good standing with the Union. Employees who are temporarily promoted for the purpose of training and/or relieving permanent Officers, shall retain their unlicensed seniority provided they do not work in an Officer category for more than a total of ninety days (excluding lay days) in any calendar year. Upon promotion to a full time Officer's position with the Employer that is outside the bargaining unit and not covered bythis Agreement • Discharge Company, an Unlicensed employee will have his Unlicensed seniority frozen, so as to enable later possible returns to his former Unlicensed position. Such recall right shall only continue for just cause • Failure to report to work after a layoff, within ten (10) calendar days after written notice of recall issent to the address that was last provided by the employee • Layoff which either extends: (a) in excess of six (6) consecutive months, or (b) for the period of theemployee's length three years from the date of servicehis initial f u l l time position, whichever is less A worker whose seniority is lost for any of the reasons outlined above following this, he shall have no further claim to Unlicensed seniority. All new employees shall be considered as appointed subject to a new employee if the Employer again employs him or herprobationary period of hours. The failure of the Employer to rehire said workerafter the loss of seniority Any subsequent appointments shall not be subject to probationary periods of hours; however, the grievance and arbitration provisions of this Agreement. Adjusting On-Call/Temporary Employee Seniority Dates If an employee is hired into an on-call or temporary position and later is awarded a regular full- time, part-time or casual position, his/her/their seniority date probationary rate shall be the date the applied once per employee was awarded the regularposition. If an employee’s status changes from full-time, part-time or casual to on-call (except due to layoff), he/she/they will not accrue seniority while provided there is no break in the on-call position but will maintain seniority accrued up tothe date on which the employee’s status changed to on-call. If such employee is later awarded a regular full-time, part-time or casual position again, his/her/their seniority date will be adjusted by addingthe number of calendardaysthe employeewasinanon- call position totheemployee’s seniority dateto determine his/her adjusted seniority dateservice.

Appears in 1 contract

Samples: negotheque.travail.gc.ca

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