Common use of SENIORITY Clause in Contracts

SENIORITY. The Employee's length of service for the purpose of determining seniority rights shall be deemed to commence on the first day of said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving the service of the 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

Appears in 2 contracts

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

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SENIORITY. The Employee's Seniority shall be defined as an employee’s length of continuous service for with the purpose Employer (or any predecessor acquired by the Employer) or facility, whichever is greater, regardless of determining whether there was a collective bargaining agreement covering the facility. After completion of the probationary period described in Article 2, an employee shall attain seniority rights as of his/her original date of hire. Seniority 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 broken by any of the Employer following 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 fully restored less any time spent in the non-bargaining unit position; • Inactive employment for any reason other than authorized leaves of absence exceeding six (6) months or an employee discharged for just cause shall lose all seniority rights. employee’s length of seniority, whichever is less; • Failure to report to work within seven (7) calendar days 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 is received and approved by the Employer; or • Failure to return to work after any leave of absence scheduled date for four successive working days without a reasonable excuse therefore 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 considered equivalent to voluntarily leaving determined on the service basis of seniority, provided that, in the reasonable opinion of the Employer, but before any employee the Employee is discharged 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 any failure purposes of layoff, OT Scheduling, and Job Posting. In the event of a layoff due to reporta reduction in force in a building, the Shop Xxxxxxx must inverse order of classification seniority shall be notifiedfollowed, provided, however, that for the purpose of this paragraph, seniority shall be based on total length of service in the building. All seniority rights will be terminated for an An employee 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 (3) 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 his recall rights as established by the following scale: • Employer the Employee is qualified, suitable, and available to work. To the extent practical, all employees who have at least six (6) months or more seniority over ninety (90) calendar days and up to shall receive two (2) years - recall rights equal two weeks (2ten [10] working days) years; • seniority over two (2) years and up notice from the Employer of the Employer’s intention to ten (10) years - recall rights equal four (4) years; • seniority over ten (10) years - recall rights equal five (5) yearslay them off. Laid off employees shall not be permitted to bump a less senior employee at another facility, but shall be permitted to apply for a vacant position at another site. If at any time fewer employees there are no such vacant positions, the employee shall be needed, employees shall be laid off in the inverse order of their permitted to exercise his/her 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 a position which becomes available consistent with the competence Job Vacancies, Transfers 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 CompanyCareer Advancement Article 23. The Employer will advertise give first consideration in filling vacancies for fiveto employees on the recall list who are qualified and available.

Appears in 2 contracts

Samples: Security Contractors Agreement, Security Contractors Agreement

SENIORITY. The Employee's Seniority shall be determined by rank and continuous service in each department of the City of New Smyrna Beach as well as length of service with the 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 purpose City Manager. Employees with the same date of determining seniority rights employment shall be deemed assigned to commence the seniority list in order to their rank, or, in the case of equivalent rank, in order of their ranking on applicable eligibility lists. Each department shall maintain a current seniority list. The list shall be used whenever called for by specific sections of this Agreement. The 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-off), 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 day 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 said employee's employment which continued for at least ninety his/her recall and must return to work within twenty-one (9021) calendar days. An During the first seven (7) workdays, the employee voluntarily leaving must notify the service City of his or her intentions for re-hire and the Employer or an City and the employee discharged must make arrangements for just cause shall lose all seniority rightsthe employee to take and pass the physical exam. Failure to report respond to work for four successive working days without 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 reasonable excuse therefore regular status position. If an employee refuses a job with the City in any classification in which he/she was previously employed by the City, he/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 considered equivalent to voluntarily leaving made if the service Department Head ascertains that another individual has a special skill that is not duplicated in the rest of the Employer, but before any employee is discharged for any failure work force. An employee's seniority shall entitle him/her only 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 such rights as established by the following scaleare expressly provided in this Agreement. Accumulation: • 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 Seniority shall be neededaccumulate during absence because of illness, employees shall be laid off injury, vacation, or other authorized leave except as provided in the inverse order paragraph one 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 fivethis section.

Appears in 2 contracts

Samples: Labor Agreement, Labor Agreement

SENIORITY. The EmployeeSeniority shall be defined as the employee's length of continuous service for with the purpose 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 determining the probationary period, the worker’s seniority rights shall be deemed retroactive to commence on the their first day of said employee's work in the bargaining unit position, and shall accrue during his/her/their continuous employment which continued for at least ninety (90) calendar dayswith the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s vacation. An employee voluntarily leaving the service shall lose accumulated seniority and seniority shall be broken for any of the following reasons: • Voluntary quit • Acceptance of a position with the Employer or an employee discharged that is outside the bargaining unit and not covered bythis Agreement • Discharge for just cause shall lose all seniority rights. Failure to report to work for four successive working days without after a reasonable excuse therefore shall be considered equivalent to voluntarily leaving the service of the Employerlayoff, 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 within ten (10) years - calendar days after written notice of recall rights equal four issent to the address that was last provided by the employee • Layoff which either extends: (4a) years; • 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 over ten (10) years - recall rights equal five (5) years. If at is lost for any time fewer employees of the reasons outlined above 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 considered as far as possible to arrange the work schedules so that the senior a new employee shall have forty (40) hours work. When if the Employer again adds 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 employees, those laid off shall be re-employed in the order of their calendardaysthe employeewasinanon- call position totheemployee’s seniority (dateto determine his/her adjusted 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 fivedate.

Appears in 2 contracts

Samples: Bargaining Agreement, Bargaining Agreement

SENIORITY. The Employee's length of service for the purpose of determining seniority rights Seniority shall be deemed to commence on the first day defined as total years of said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving the service continuous employment, as a member of the Employer bargaining unit, with The District School Board or an employee discharged for just cause its Continuous employment shall lose include all absences due to illness or injury as compensated by The seniority rights. Failure to report to work for four successive working days without a reasonable excuse therefore list shall be considered equivalent to voluntarily leaving the service consist of the Employer, but before any employee is discharged for any failure to report, names of all members of the Shop Xxxxxxx must be notified. All seniority rights will be terminated for an employee who is laid off bargaining unit 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 decreasing order of their years of seniority considering also ability and competency for based upon date of hire. Employees shall notify 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 employeesBoard, 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 within thirty (30) days, of any changes to their current home address and or current home phone number. Necessary job instruction will The order on the seniority list as published Jan. shall not be given during such trial period, changed and if they fail to perform in accordance with the employers requirements, they this order shall be returned utilized when applying the seniority concept to their former position promotions, transfers and standing, except that job posting procedures. Effective November if the job to which they have bid proves unsatisfactorydate of hire of two or more persons is the same, the employeeorder 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 fifteen sixty (1560) days from commencing new jobthe posting. An employee who leaves the bargaining unit on an approved leave, may request 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 returned assigned to his former the employee's same position, which request or if said position no longer exists, the employee will be given consideration governed by the Companyprovisions of Article effective the date of the employee's scheduled return to work. When an employee is 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 employee 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 Employer first move down the seniority list will advertise vacancies for fivebe made during the regular semi-annual seniority list revision immediately after expiration of the mentioned thirty months. Subsequent moves shall be made annually thereafter. Seniority will start to accumulate upon return to work.

Appears in 2 contracts

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

SENIORITY. The Employee's ‌ Seniority shall be defined as the worker’s length of continuous service for with the purpose Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of determining the probationary period, the worker’s seniority rights shall be deemed retroactive to commence on the their first day of said employee's work in the bargaining unit position, and shall accrue during his/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 paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which continued exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for at least ninety (90) calendar days. An employee voluntarily leaving the service any of the Employer or an employee discharged for just cause shall lose all seniority rights. following reasons: Voluntary quit; Discharge; Failure to report to work for four successive working after a Layoff, within three (3) days without a reasonable excuse therefore shall be considered equivalent to voluntarily leaving the service after receipt 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 written notice of his recall rights as established sent by the following scale: • seniority over ninety (90) calendar days and up Employer to two (2) years - recall rights equal two (2) years; • seniority over two (2) years and up to the worker at his/her last address of record on file with the Employer or ten (10) years - days after written notice of recall rights equal is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (424) yearsconsecutive months, or (b) for the period of the worker’s length of service, whichever is 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 over ten (10) years - recall rights equal five (5) years. If at is lost for any time fewer employees of the reasons outlined above 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 considered as far as possible to arrange the work schedules so that the senior a new employee shall have forty (40) hours work. When if the Employer again adds employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the number grievance and arbitration provisions 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 fivethis Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. The Employee's Seniority shall be defined as the worker’s length of continuous service for with the purpose Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of determining the probationary period, the worker’s seniority rights shall be deemed retroactive to commence on the their first day of said employee's work in the bargaining unit position, and shall accrue during his/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 paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which continued exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for at least ninety (90) calendar days. An employee voluntarily leaving the service any of the Employer or an employee discharged for just cause shall lose all seniority rights. following reasons: Voluntary quit; Discharge; Failure to report to work for four successive working after a Layoff, within three (3) days without a reasonable excuse therefore shall be considered equivalent to voluntarily leaving the service after receipt 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 written notice of his recall rights as established sent by the following scale: • seniority over ninety (90) calendar days and up Employer to two (2) years - recall rights equal two (2) years; • seniority over two (2) years and up to the worker at his/her last address of record on file with the Employer or ten (10) years - days after written notice of recall rights equal is sent to the address that was last provided by the worker; Layoff which either extends (a) in excess of twenty-four (424) yearsconsecutive months, or (b) for the period of the worker’s length of service, whichever is 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 over ten (10) years - recall rights equal five (5) years. If at is lost for any time fewer employees of the reasons outlined above 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 considered as far as possible to arrange the work schedules so that the senior a new employee shall have forty (40) hours work. When if the Employer again adds employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the number grievance and arbitration provisions 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 fivethis Agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. The Employee's length of service for the purpose of determining seniority rights shall be deemed to commence on the first day of said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving the service of the 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 fivefive (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 supervisory position in the Company and who is subsequently returned to a position in the bargaining unit within a ninety (90) day period shall be returned to his former position and standing in the bargaining unit without loss of seniority.

Appears in 2 contracts

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

SENIORITY. The Employee's length of service for the purpose of determining seniority rights Seniority 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 defined as continuous service of with 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 since the service last date of hire into the Employerbargaining unit, 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 governed by the following scale: • seniority over 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 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 of employment or the equivalent of sixty five (565) yearsdays of active full-time employment after which time he or she will be considered a seniority employee for the purpose of this Agreement. If the Employer decides to terminate an employee at any time fewer employees during the employee’s probationary period for any reason whatsoever, such action by the Employer shall not be subject to the grievance or arbitration procedures and 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 neededgiven since the date of last hire. Seniority rights as created by this Agreement, employees exist only to the extent expressed herein and do not create rights or survive beyond the terms of this Agreement. Seniority 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-offs and recalls. Article Seniority will continue to accrue and will not be affected by absence resulting from vacations, holidays, sick leave or injury or other leaves as provided by this Agreement. Article The seniority list shall be laid off in the inverse order of their used to determine seniority considering also ability and competency for the jobpurposes of this Agreement. When there It shall be deemed correct until such time as an error is not sufficient work for forty (40) hours for all employees brought to the attention of the Employer agrees as far as possible by the Union, and any amendment therefrom will not be retroactive if such an amendment would require a change to arrange the work schedules so that the senior employee shall have forty (40) hours work. When a decision made by the Employer again adds to based upon the number of employees, those laid off shall be re-employed in the order of their earlier seniority list. Article Within one (seniority number1) 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 signing this Collective Agreement, and every three (3) months of advertised vacancieseach year thereafter, the Employer shall consider prepare and post a seniority list of all seniority employees showing the senior applicant with employees’ seniority according to the competence and records of the ability to do the jobEmployer. The successful applicant Seniority as posted shall be given a fair trial period of up deemed to thirty (30) days. Necessary job instruction will be given during final and not subject to complaint unless such trial period, and if they fail to perform complaint is made 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, writing within fifteen (15) calendar 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 fivecurrent date of posting.

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. The Employee's length most senior employeemaking application who meets the first two factors will be selected. The selected employee will be given a period of service for time to train and acquaint him/herself with the purpose new position. If during the first five days of determining seniority rights shall be deemed this period of time the employee wishes not to commence remain on the first day new position, he/she will be will be prevented from bidding on another posting to that same job for a period of said employee's employment which continued for at least ninety (90) calendar dayssix months. An employee voluntarily leaving have his/her application for such job marked “accepted”. Should the service of employee prove unable to perform the Employer duties in an acceptable manner, the application be marked “rejected” and withdrawn from file. Reasons for such rejection to be supplied, in writing. to the Union and the employee. Employees going on vacation or an employee discharged other approved ab- sences may file a request with the Company to ensure their eligibility and consideration for just cause shall lose all seniority rightsany permanent vacancy occurring during their absence. Failure The employer agrees to report post permanent office Union job openings simultaneously on office and plant job posting boards. Plant employees wishing to work for four successive working days without a reasonable excuse therefore shall be considered equivalent for such openings may do so within the posting period provided in this Article. The employer is under no obligation to voluntarily leaving such posted job a plant applicant. If them are no successful bids on the service posted vacancies, employees on the recall list be recalled in order of seniority. Employees who refuse recall to tram under . their recall rights to other jobs or training opportunities be affected. Where a job posting for a permanent position has not been filled under the Employerabove procedures, but before any 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. after the above procedure, vacancies remain, Company will be free to use its discretion in filling the vacancy. When a new job is discharged for any failure to reportcreated in the bargaining unit, the Shop Xxxxxxx must be notified. All seniority rights occupation will be terminated for an posted in the plant and filled in accordance with factors as outlined in Section If there are no bids received or if there are no qualified bidders, the Company is free to fill the vacancy at its discretion. An employee 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 entitled to the vacancy unless such bidder is notified in writing that the vacancy has been cancelled. Section Any employee who is laid off a successful bidder will not be considered for any further vacancy for a period of six months except where such vacancy is 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 an 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) yearsor higher rated category. If at Similarly, any time fewer employees shall employee who rejects not be needed, employees shall be laid off in the inverse order of their seniority considering also ability and competency considered for the jobsame job for a period of six months. When there is not sufficient work for forty (40) hours for all employees Section Due to the Employer agrees as far as possible unique operations of the # 3 Mak- ing Department, operating requirements from time to arrange the work schedules so that the senior employee shall have forty (40) hours work. When the Employer again adds to time necessitate changes in shift schedules, numbers of shifts and 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.

Appears in 1 contract

Samples: Grievance Procedure

SENIORITY. The EmployeeFundamentally, rules respecting seniority are designed to give employees an equitable measure of security, based on continuous service with the Company. Seniority shall mean an employee's length of continuous service for 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 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 probationary period 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 as being employed on a trial basis and may be discharged at the service discretion of the EmployerCompany. the of layoffs, but before any employee is discharged for any failure to report, the Shop Xxxxxxx must be notified. All seniority rights employees will be terminated for an employee who is laid off in excess reverse order of his recall rights as established seniority providing that the senior employee is qualified to perform the required work. For the purposes of this Article, a layoff means a layoff of more than one (1) working day. Subject the criteria set out in this sub- article, recalls shall be done in order of seniority. In the case of a job vacancy or 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 employee with the greatest will be awarded the job. If no qualified applicants apply, the Company reserves the right to hire or train. lists will be supplied to the Union and posted on the bulletin board on January 1st and July 1st of each year of this Agreement. Seniority shall be broken and employment terminated if an employee: Is duly discharged by the following scale: • seniority over ninety (90) calendar days Company and up such discharge is not reversed by the grievance and arbitration procedure; If she voluntarily quits; If she has been laid off continuously for a period of more 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 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 employment within five (5) yearsdays of. 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 any time fewer employees 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 neededconsidered 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 recalled and is not immediately available for work, employees shall in seniority be laid off in the inverse order of their seniority considering also ability contacted 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 temporarily employed until the senior employee shall have forty reports within the period as outlined (40) hours workwhich does not constitute a recall for any purposes). When the Employer again adds to the number of employees, those laid off It shall be re-employed in the order 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 Company of their seniority (seniority number) considering also ability and competency for intentions upon receipt of the jobnotice of recall. 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 vacanciesWhere there is a job vacancy, the Employer Company shall consider post a notice of 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) vacancy on board for three working days. Necessary A job instruction will shall not 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 considered to be returned vacant if it is due to his former positionbecause of illness, which request will be given consideration by the Companyaccident, leave of absence or temporary transfer. The Employer will advertise vacancies for fiveROYAL OAK OFFICE

Appears in 1 contract

Samples: C Agreement

SENIORITY. The Employee's Seniority as referred to in this Agreement shall mean length of continuous service with the Employer at its warehouse operations in Toronto and Ontario, from the employee's last date of hire. It have relevance only where specifically set forth and explained with respect to how it is to be applied. Subsequent to the signing of this Agreement, and every six months thereafter, a seniority list shall be posted by the Employer. Employees will have two (2) weeks following such posting to clarify any disputes with respect to such seniority after which the list shall be accepted by the Union and all employees as correct. 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 purpose purposes of determining wage and benefit administration and In the event that an employee 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 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 rights 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 and the probationary employee shall have no recourse to the Grievance Procedure or Arbitration Procedure. Any such discipline 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 be for just cause shall lose all seniority rights. Failure to report to work for four successive working days without a reasonable excuse therefore and shall be considered equivalent deemed not to voluntarily leaving be a difference between the service parties. When filling permanent vacancies and on lay the skills, ability, dependability and qualifications of employees together with the Employerresults of any tests deemed by the Employer to be relevant shall be given consideration. If there is any choice to be made between two employees who are otherwise relatively equal, but before any the employee having the greater seniority shall receive the preference. in all instances, regular full time employees will be given first preference, regular part-time employees second preference and general help final preference. Recalls from lay off will be conducted by seniority if the employee is discharged for any failure to reportcapable of doing the job. Regardless of seniority, the Shop Chief Xxxxxxx must be notified. All seniority rights will be terminated for an the last employee who is laid off in excess of his recall rights as established by and the following scale: • seniority over ninety (90) calendar days and up first 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) yearsbe recalled. If at any time fewer employees shall be neededWhen the work force is reduced, employees shall will be laid off in the inverse order following order: general help, regular part-time and finally regular full time. Employees within the bargaining unit shall have the opportunity to apply in the event a permanent vacancy in the bargaining unit occurs, subject to the criteria set out in article To facilitate such applications any such vacancy shall be posted for a period of their seniority considering also ability two (2) full clear working days. There xxxx be a maximum of three (3) for a vacancy the original posting to fill the vacancy and competency the two subsequent for the jobvacancies created. When there is not sufficient work for forty (40) hours for all employees Any further vacancy that occurs after 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 second subsequent posting may be filled by qualified employees on staff. In the filling of advertised vacancies, the Employer shall consider without posting. Should the senior applicant with the competence and the ability to do the job. The successful applicant shall to a posting 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 he shall be returned to his former position, which request will job and the vacancy may be given consideration by filled from other applicants if any are qualified without further posting. A newly hired employee or an employee who has successfully bid under this article shall not be entitled to bid for a subsequent posted job for six (6) months from the Companydate of his employment or date of his successful bid except with the Employer's permission. The Employer may lay off employees for a period not exceeding five (5) working days without regard to the seniority provisions of the Agreement. in the event the reduces or eliminates a department or shift for more than five (5) working days the employees affected shall be the most junior in that department and may exercise their seniority in another department within any Distribution Centre building in or Metropolitan Toronto as per article and An employee will advertise vacancies lose his seniority and his employment with the Employer shall be terminated, for fiveany of the following reasons:

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's length of service for the purpose of determining seniority rights Seniority 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 granted 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 has completed forty-five (45) days 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 work within a five (5) yearsmonth period. If at any Prior to seniority and consistent with the Equal Employment Section, employees may be laid off with or without cause. Upon completion of the probationary period, an employee's seniority date shall be made retroactive to the first day worked. Part-time fewer drivers hired prior to ratification may drive in the a.m. or p.m. but in no event shall they work a split shift. Part time employees hired after ratification will be subject to the restrictions contained in the Pick Up and Delivery Operational Supplement. The order of call will be: Cover Driver Grandfathered part-time drivers hired prior to ratification (p.m.) full-time drivers (start time after 11 a.m.) Full- time, pre-seniority drivers In the event the Employer is unable to meet staffing requirements, employees may be assigned to work by inverse seniority by classification and qualification. Qualified part-time employees with seniority shall be given the opportunity to fill full-time vacancies prior to the employer hiring off of the street. Full-time and part-time employees shall be needed, placed on separate seniority lists as of their first date of hire in their status as full-time or part-time employees with the unit covered by this Agreement. Seniority shall be laid off measured by length of service in such status with the Employer as a bargaining unit employee. For example, a part-time employee transitioning to full-time status will not be credited with his part- time service for seniority purposes. Such time, however, counts for all other purposes such as vacation going forward on a pro-rata basis. Pro-rata basis shall be computed by adding the total number of hours worked in the inverse order employee's work history divided by 2080. A full-time employee transitioning to part-time status will maintain his date of their hire into the part-time covered position as his seniority considering also ability date after he has transitioned into the part-time position. Employees voluntarily transitioning to part-time status must stay in that part-time status for one (1) year and competency shall be paid the rate 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, based upon 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's seniority.

Appears in 1 contract

Samples: d3n8a8pro7vhmx.cloudfront.net

SENIORITY. The Employee's Seniority shall be defined as the length of service for the purpose of determining seniority rights shall be deemed to commence on the first day of said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving the continuous service of the Employer or an employee discharged in a position covered by this Agreement. For the purposes of calculating seniority for just cause a part-time employee, sixteen hundred and fifty (1650) hours worked shall lose all seniority rightsequal one year of seniority. Failure to report to work for four successive working days without a reasonable excuse therefore Newly hired employees shall be considered equivalent to voluntarily leaving be on probation for a period hours worked. If retained after the service probationary period, the employee shall be credited with seniority from date of last hire. With the written consent of the Employer, but before any employee is discharged for any failure to reportHospital, the Shop Xxxxxxx must probationary employee and the President of the Local Union or his designate, such probationary period may be notifiedextended. All seniority rights It understood and agreed that any extension to the probationary period will not exceed an additional hours worked or such lesser period as may be terminated for an employee who is laid off in excess of his recall rights as established agreed by the following scale: • parties. The release of a probationary employee shall not be the subject of a grievance or arbitration. Seniority shall accrue during a pregnancy leave or parental leave. For the purposes of pregnancy leave and parental leave, 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 accrual shall be needed, employees shall be laid off in determined by multiplying the inverse order of their seniority considering also ability and competency for the job. When there is not sufficient work for forty (40) normal weekly 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 times the number of employeesweeks 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, those laid off whichever applicable. Seniority shall be re-employed retained by an employee in the order event she is transferred from full-time to part- time or vice versa. For the purposes of their the application of seniority (seniority number) considering also ability and competency under the agreement but not for the jobpurposes of service under any provisions of the agreement, an employee whose status changed from full-time to part-time shall receive credit for her seniority on the basis of hours worked for each year of full-time seniority. All jobs will be posted annually during For the month purposes of Januarythe 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 to full-time shall receive credit for her seniority on the basis of one (1) year of seniority for each hours worked. All positions must be filled by qualified employees on staff. In the filling Any time worked excess of advertised vacancies, the Employer shall consider the senior applicant with the competence and the ability to do the job. The successful applicant an equivalent shall be given a fair trial period pro-rated at the time of up transfer. It understood that the hour conversion shall apply to thirty (30) days. Necessary job instruction will be given during such trial period, hours accumulated prior to ratification and if they fail that the hour conversion applies only to perform in accordance with the employers requirements, they shall be returned hours worked subsequent 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 fiveratification.

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 Employee's length of service for maintenance list shall be posted in each maintenance area. The operators list shall be posted near the purpose of determining seniority rights 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 deemed to commence on correct if not protested within 30 days after the first day of said employee's employment which continued for at least ninety (90) calendar daysincorrect posting. An employee voluntarily leaving who transfers from one department to another shall continue to accrue seniority in the service 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 Employer initial date of award. However, departmental seniority between employees who are awarded a position from the 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 position within the bargaining unit, will continue to accumulate seniority in the bargaining unit for a period of 90 days. Upon completion of the 90 day period, seniority in the bargaining unit will be retained up to the date of transfer but will not thereafter continue to accumulate. Upon returning to the bargaining unit the employee shall return to the employee’s original classification and may exercise seniority to take the least senior available assignment or an 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 be lost whenever the employee quits; is discharged for just cause shall lose all seniority rights. Failure cause; retires; or fails to report return to work for four successive working within five work days without after the end of a reasonable excuse therefore shall be considered equivalent to voluntarily leaving leave of absence or the service receipt 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 notice 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 from 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 fivelayoff.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. The Employee's length of service for the purpose of determining seniority rights shall be deemed to commence on the first day of said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving the service of the Employer A. voluntary quit or an employee discharged discharge for just cause shall lose all seniority, from work on account of an accident, illness, disease or leave of absence does not break The plant offices seniority rights. Failure to report to work for four successive working days without a reasonable excuse therefore list which is posted 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 revised 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 Company every three The names of employees commencing employment on the same date shall be needed, employees shall be laid off entered on such list 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 staffalphabetical order. In the filling of advertised vacanciesevent that a lay-off becomes necessary, the Employer shall consider Company will retain at work the senior applicant employees having the greatest plant offices seniority provided that these employees have the necessary qualifications for the performance of the work available. who are laid off, in accordance with the competence and the ability to do the job. The successful applicant paragraph shall be given a fair trial period minimum of up one week’s notice, unless otherwise required by the Standards Act of Ontario. PAY who are laid off in addition to thirty the notice given under paragraph shall receive two weeks severance pay for each full year of 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, (30) daysor an employee who has received severance pay under a similar clause from any other plant the Company is hired from another plant of the 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 lay-off is required, the Company will advise the Union and discuss the reasons prior to the lay-off talking place and prior to the being advised. Necessary job instruction Company will be given during such trial periodendeavour to make lay-offs on a Friday, and if they fail to perform 1 ‘I increasing the work force, laid off employees shall he recalled in accordance with plant offices seniority provided they have the employers requirements, they necessary qualifications for the performance of work available. It shall be returned the laid off employee’s responsibility to their former position and standing, except that if notify 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 fiveCompany of any change of address.

Appears in 1 contract

Samples: Agreement

SENIORITY. The EmployeeSeniority means the relative ranking of employees as deter- mined by their respective lengths of accumulated service since their last date of hire with the It is understood that seniority accumulation for part-time employees shall be based on hours worked. Part-time employees will accumulate seniority on the basis of one year's length seniority for each hours worked in the bargaining unit as of the last date of hire, except as otherwise provided herein. Seniority will operate on a bargaining unit wide 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-time employees' service and seniority shall be 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 Employment Standards Act, except where amended in this provision. The service requirement for the purpose of determining seniority rights eligibility- for pregnancy leave shall be deemed 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 legally qualified medical practitioner stating the expected birth date. The employee shall reconfirm her intention to commence return to work on the first day of said employee's employment which continued for date originally approved in subsection above by written notification received by the Hospital at least ninety (90) calendar daystwo weeks in advance thereof. An employee voluntarily leaving Effective on confirmation by the service Unemployment Insurance Commission 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 appropriateness of the EmployerHospital's Supplemental Unemployment Benefit (SUB) Plan, 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 on pregnancy leave as provided under this Agreement who has applied for and is in excess receipt of his recall rights as established Unemployment Insurance pregnancy benefits pursuant to Section of the Unemployment Insurance Act, shall be paid a supplemental unemployment benefit. That benefit will be equivalent to the 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 following scale: • seniority over ninety (90) calendar days Hospital of the employee's Unemployment Insurance cheque stub as proof that she is in receipt of Unemployment Insurance pregnancy benefits, 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) yearsshall continue while the employee is in receipt of such benefits for a maximum period of fifteen weeks. If at any time fewer employees The employee's regular weekly earnings shall be needed, employees shall 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 salary increment that she would be laid off in the inverse order of their seniority considering also ability and competency entitled to if she were not on pregnancy leave. The employee does not have any vested right except to receive payments 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 jobcovered unemployment period. The successful applicant 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 be given accumulate for a fair trial period of up to thirty (30) daysseventeen weeks while an employee is on pregnancy leave on the basis of what the employees normal regular hours of work would have been. Necessary job instruction The Hospital will be given during such trial periodcontinue to pay its share of the contributions of the pension plan in which the employee is participating, and if they fail for a period of up to perform in accordance with seventeen weeks while the employers requirements, they shall be returned employee is on pregnancy leave. Subject to their former position and standing, except that if the job any changes to which they would have bid proves unsatisfactoryoccurred had leave, the employeeemployee shall duties, within fifteen (15) days from commencing new job, may request to be returned to his former position, which request will be given consideration by on the Company. The Employer will advertise vacancies for fivesame shift at the same rate of pay.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's length (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 determined by the date on which employees become full-time employees. Armoured Seniority shall be determined by the 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 (1) full-time seniority list for the Cornwall Branch. There shall be three (3) separate part-time date of service hire lists: Ottawa and Armoured Ottawa Cornwall and Armoured Part time employees shall have seniority rights for the purpose of determining seniority rights 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 deemed regularly available to commence a single part-time employee, in 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 be considered as probationary during the first day of said employee's employment which continued for at least ninety (90) calendar daysdays of their employment. An During this period they may be terminated without recourse to the grievance and/or arbitration provisions of this agreement. Any employee voluntarily leaving who has been promoted to a higher classification outside 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 bargaining unit and after a reasonable excuse therefore shall be considered equivalent trial period not to voluntarily leaving exceed six (6) months, does not meet 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 EMPLOYER’S requirements for the job. When there is not sufficient work for forty (40) hours for all employees new position, or the Employer agrees as far as possible employee wishes 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 return to his former position, which request will he shall be given consideration by the Companyrestored to his former position and shall retain his seniority therein. The Employer will advertise vacancies for fiveforegoing shall be applied only once to any individual employee during the term of this agreement. An employee shall lose seniority in any of the following events:

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The EmployeeSeniority shall be defined as an employee's length of continuous full-time service for the purpose of determining seniority rights in a rank. Seniority shall be deemed retroactive to commence the date of appointment to a rank, upon successful completion of the applicable probationary period. If more than one appointment is made to a rank on the first day of said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving same day, the service of following shall apply:  If the Employer or appointments were made from an employee discharged for just cause shall lose all eligibility list, 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 the placement on the list.  If the appointments were not from an eligibility list, seniority (seniority number) considering also ability and competency for in 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 new rank shall be given a fair trial period 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. Necessary job instruction will 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 but shall be given during bridged in the case of an approved leave of up to one year, excluding any call to military service for the duration of such trial periodservice which shall count towards continuous service. In the event of a staff reduction due to the abolishment of positions within the police department, and if they fail to perform in accordance the employee(s) with the employers requirements, they least seniority in the rank of the position(s) to abolished shall be returned the first to their former be laid off in such that rank. The displaced employee may elect to displace the least senior employee in the immediate subordinate rank. An employee whose seniority does not allow for displacement to a subordinate rank shall be laid off. In the event of the abolishment of the rank of police officer, the employee with the least seniority in the rank of 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 and standing, except that from which laid-off or displaced. The employee shall be removed from the recall list if the job 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 which they have bid proves unsatisfactorymaintain their certification. Dated: Greenwich, Connecticut SILVER SHIELD ASSOCIATION, INC. By: _ Sgt. Xxxxx ReevesLt. Xxxxx Xxxxxxx, President By: _ Sgt. Louis PannoneLt. Xxxxxx X’Xxxxxx, Vice President TOWN OF GREENWICH By: _ By: _ Xxxxx X. Xxxxx, First Selectman Xxxxxx X. Xxxx, Director of Labor Relations ANNUAL WAGE RATES (GWI 2.25%) Effective July 1, 20142017, the annual wage rates shall be as follows: Rank/Title Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer $61,44266,004 $65,29770,147 $69,17274,308 $73,03878,463 $77,23782,973 $62,40567,039 $66,26371,184 $70,13675,345 $74,08579,586 $6336968,075 $67,23772,229 $71,10876,388 $75,14080,720 $64,33569,113 $68,20573,269 $72,07077,423 $76,18581,843 Marine Officer Traffic Enforcement Officer $79,58585,495 Accident Car PersonnelOfficer Dispatcher $80,76086,758 Technician $81,93788,022 Detective CIO SRO Master Police Officer Detective First Grade $85,30491,640 Sergeant $88,67195,256 Lieutenant $101,823109,38 5 ANNUAL WAGE RATES (GWI 1.5%) Effective July 1, 20152018, the annual wage rates shall be as follows: Rank/Title Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer $62,97866,994 $66,93071,199 $70,90175,423 $74,86479,639 $79,16884,217 $63,96568,045 $67,92072,252 $71,89076,475 $75,93780,780 $64,95369,096 $68,91773,313 $72,88577,534 $77,01881,931 $65,94370,150 $69,91074,368 $73,87278,584 $78,09083,071 Marine Officer Traffic Enforcement Officer $81,57586,778 Accident Car PersonnelOfficer Dispatcher $82,77988,059 Technician $83,986 $89,342 Detective CIO SRO Master Police Officer Detective First Grade $87,43793,014 Sergeant $90,88896,685 Lieutenant $104,369111,02 6 APPENDIX I ANNUAL WAGE RATES (GWI 1.95%) Effective July 1, 20162019, the annual wage rates shall be as follows: Rank/Title Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer $64,552$68,301 $68,603$72,58 7 $72,673$76,8 94 $76,736$81,1 92 $81,147$85,8 60 $65,564$69,372 $69,618$73,66 1 $73,687$77,9 66 $77,835$82,3 55 $66,577$70,443 $70,640$74,74 2 $74,707$79,0 46 $78,944$83,5 29 $67,592$71,517 $71,657$75,81 9 $75,719$80,1 16 $80,042$84,6 90 Marine Officer Traffic Enforcement Officer $83,614$88,470 Accident Car PersonnelOfficer Dispatcher $84,849$89,777 Technician $86,08591,084 Detective CIO SRO Master Police Officer Detective First Class $89,62394,828 Sergeant $93,16098,570 Lieutenant $106,978113,191 Effective July 1, 2016 Effective July 1, 2019, 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 advanced one step on the above wage schedule. APPENDIX I ANNUAL WAGE RATES (GWI 2.05%) Effective July 1, within fifteen (15) days from commencing new job2020, may request to the annual wage rates shall be returned to his former positionas follows: Rank/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, which request will 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 given consideration by advanced one step on the Company. The Employer will advertise vacancies for fiveabove wage schedule.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. The Employee's length Upon completion of service for the purpose of determining seniority rights ninety days worked at each store, employees covered by this Appendix shall be deemed to commence have served their probationary period and then shall be placed on the seniority list of part-time employees and their seniority shall date back to the first day they work for the employer. Seniority shall only be acquired and exercised on an individual store by store basis. Lay-offs and re-employment shall be based on seniority, job knowledge and competence. The seniority rights of said employee's employment an employee shall be terminated after twelve months following lay-off due to lack of work. In the event of an opening occurring in the full-time ,staff,employees covered under this Appendix shall receive preference for such full-time position in the store in which continued for at least ninety (90) calendar daysthe employee has seniority providing they have the necessary seniority, job knowledge and competence. An Part-time employees are expected to attend work in accordance with their schedule of hours. When unable to attend, the employee voluntarily leaving must notify the service Manager, Relieving Manager or Customer Service Manager prior to his scheduled starting time, giving the reason why he is unable to attend. Hours of work shall be allotted according to seniority by store, providing the senior employee has the necessary skill and ability and knowledge to perform the work and is available. It is agreed and recognized by both the Union and the Employer or an employee discharged for just cause shall lose all seniority rights. Failure that due to report to work for four successive working days without a reasonable excuse therefore shall be considered equivalent to voluntarily leaving the service nature of the Employer's business, but before any employee it may be necessary to employ both full-time and part-time employees. The Employer agrees that part-time employees will not be scheduled to work in excess of twenty-four (24) hours per week, except in the following circumstances: when full-time employees are absent; when part-time employees are absent due to illness; to cover off for vacations; from December 1st to January 1st; during promotional periods where a in business is discharged for any failure anticipated. during the period from May to reportSeptember Full-time employees who become part-time employees shall carry full seniority to the part-time seniority list. Following the successful completion of the full-time probationary period, the Shop Xxxxxxx must be notified. All seniority rights will be terminated for an a part-time employee who is laid off in excess hired full-time shall be credited with fifty (50) percent of his recall rights as established by the following scale: • part-time bargaining unit seniority over ninety (90) calendar days and up to two a maximum of one (21) 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 year 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 purposes 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 fivebargaining unit seniority.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's Seniority shall be defined as the length of continuous service within a division of The Windsor Utilities Commission in the bargaining unit covered by this Agreement and is not transferable between divisions or any other bargaining unit. Seniority shall 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 transfers, by application, seniority will be the governing factor provided the employee, in the opinion of Management, has sufficient ability and qualifications to perform the work available. Employees will lose seniority rating for any of the following If they resign; If they are discharged; If they fail to return to work within the terms of the Recall After Lay-off clause. If employees exceed a granted of absence (unless they provide a reasonable explanation to the Commission) or use the leave of absence for reasons other than originally intended. If they are laid off for a of twenty four consecutive or their length of service, whichever is lesser. When employees have been laid off for business reasons and have returned to work under the provision of the Recall After Lay-off clause, their seniority shall be the sum total of their working time with their Division of The Windsor Utilities Commission excluding lay-off period. Persons choosing to leave the bargaining unit may at any be transferred back to the bargaining unit consistent with accumulated seniority and 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. 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 determining job posting under Article Employees transferring from one Division (or bargaining unit) to as a result of a job posting shall retain seniority rights shall be deemed in the Division (bargaining unit) they posted out of and begin to commence seniority in their new Division (bargaining unit) on the first day date of said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving the service closing 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.

Appears in 1 contract

Samples: Agreement

SENIORITY. The Employee's length Company recognizes the principle of service seniority. Seniority will govern subjectto reasonable consideration of skill, efficiency, and ability in promotions, transfers, lay-offs and recalls after lay- offs. Seniority for the purpose of determining this Agreement shall mean, all days worked, and days which normally would have been worked but were lost as a result of sickness or injury certified by a licensed physician, dentist or chiropractor plus total number of days on vacation, holidays with pay, jury duty, bereavement leave and Company approved off the job training in any calendar year. Overtime work is not to be regarded as accumulative 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 Employertime, but before any employee is discharged for any failure to reporthowever, 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 works five (5) yearsor more hours on an overtime shift on Saturdayor Sundaywill be credited with one day of seniority. If at It is agreed and understood that an employee's seniority will be cancelled if there should be conclusive evidence that he would have been capable of performing his regular work while absent for medical reasons or that he worked elsewhere while on authorized leave of absence. An employee who is required by the Union to be absent work for Union business will be granted leave of absence provided he returns to work on completion of the scheduled Union business. Employees hired as students will be laid off on completion of their student term. They must re- apply for permanent employment and if accepted will start as a new employee with respect to mill service. Employment of any time fewer new employee shall be considered as probationary until he has worked forty- five (45) days in one period of employmentexcept in cases of lay-off. Seniorityof new employees shall be neededestablished at the end of this period and shall be effective from the date of employment. In cases of lay-offs,the Company will give written advance notice of at least five (5) working days or pay in lieu thereof to the employees intended to be laid-off and to the Xxxxxxx. The time period set out herein shall not be applicable in cases involving a breakdown of machinery or an electrical power failure. If, as a result of a lay-off or for any other reason, it is necessary to transfer an employee one job classification to another, senior employees will be given preferenceprovided they have the skill, efficiency and ability to meet, or to be trained to meet thejob requirements. Employees, who require training, will be allowed five (5) working days to qualify or such further period of time as may be mutually agreed to by the parties. For lay-offs of less than three (3) months, employees affected will be transferred to vacant positions as per seniority and qualifications and in accordance with Article of the Collective Agreement. It is that senior employees shall not be laid off in the inverse order subject to any loss of employment. Once normal operations resume, employees will revert back to 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 workoriginaljob. When the Employer again adds date is known at the time of lay-off, employees leaving will be informed accordingly. In all other cases, notices in writing will be made to an employee by registered letter at his given address, with a copy to the number Union at least ten 0) days before he is required to report for work. Employees will be required to acknowledge receipt of employees, those laid off such notice and report for work on the date specifiedunless other arrangementshave been made in writing. shall be re-employed in the order duty of their seniority (seniority number) considering also ability and competency for each employee to notify the jobCompany of any change of addresses. 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 vacanciesIf an employeefails to do this, the Employer shall consider Company will not be responsible for failure of a notice to reach such employees. Any employee who is temporarily transferred for a period of one (1) working day or more to anotherjob for which the senior applicant with the competence and the ability to do the job. The successful applicant rate is different from that in effect for such employee's regular job shall be given a fair trial period paid, while so employed, as follows: If the rate 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 pay for the job to which they have bid proves unsatisfactory, he is transferred is less than the employee's regular pay, within he shall receive his own higher rate. If the rate of pay for the job to which he is transferred is higher than the employee's regular pay, he shall receive the higher rate for the job to which he is temporarily transferred. A permanent vacancy is defined as a vacancy of fifteen (15) working days, or more. When a vacancy occurs, immediate notice thereof will be posted on the bulletin boards for a period of five (5) working days. During this said five (5) working day period, the Company may make a temporary appointment to such permanent vacant position. In all cases of posting permanent vacancies, openings arising the posting of the original vacancy will be posted until and including the first base rated job. It is also agreed that when a permanent base rated job vacancy occurs, only the original vacancy will be posted. Employees will not be considered for such vacant positions unless, they apply in writing, during the five (5) day period on forms to be supplied by the Company. A copy of such form will be retained by the applicant. The permanent vacancy will be filledby the senior applicant provided he has the necessary skill, ability, and efficiency to meet or to be trained to meet the job requirements. An employee accepting the posted job shall be allowed five (5) working days from commencing new in which to qualify or any further time as may be mutually, agreed to. Failure of an employee to qualify shall entitle him to return to his former job. Nothing herein shall prevent the Company hiring persons outside the bargaining unit when no qualified employee applies. An employee who has successfullyclaimed and filled a permanent job shall not be eligible to further bid for another vacancy before three (3) months have elapsed unless such vacancy is a promotion. A promotion shall mean advancementto a job, may request which carries a higher rate of pay, or a steady day job. When a vacancy is caused by an employee's absence due to disability or authorized leave of absence for fifteen (15) working days or more, the original vacancy will be returned considered and posted as "Temporary" in which case the employee whose position has been dealt with as a "temporary" vacancy is entitled upon his return to resume his former position, which request will be given consideration by the Company. The Employer will advertise vacancies for fiveprovided he is capable of performing its requirements.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's length of service for (a) For the purpose of determining layoff and recall, the principle of seniority rights is hereby established for employees in the bargaining unit. (b) Seniority shall be deemed to commence on the first day established after an employee has worked in an established represented classification a period of said employee's employment which continued for at least "ninety (90) calendar dayscumulative working days within a nine (9) month period." Any employee who acquired seniority prior to this Agreement will retain the seniority date currently assigned. An Any employee voluntarily leaving hired or rehired after the service date of this Agreement will acquire seniority in accordance with the Employer or 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 seniority under this Article shall be terminated under the following conditions: 1. If the employee is discharged for just cause shall lose all seniority rightscause. Failure 2. If the employee quits. 3. If the employee fails to report to work at the time specified by the 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 four successive working days without a 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 the manner covered in Item 3.5 (c) (3) (d) below. Upon receipt of such "Notice of Official Recall" the employee must report for work within forty-eight (48) hours or suffer loss of seniority. (b) The Union shall make every reasonable excuse therefore shall be considered equivalent effort to voluntarily leaving notify 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 by telephone of his recall rights as established and time to report to the Employer. (c) Employees contacted by the following scale: • seniority over ninety Union shall make every reasonable attempt to report for work at the time specified by the Employer. (90d) calendar days A list of those employees not contacted by the Union, and up 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 last address on record. The Employer shall notify the Union, in writing, within two (2) years - recall rights equal two working days, of receipt of an unacknowledged letter. It is 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 work within forty-eight (248) years; • seniority over two hours or suffer loss of seniority. Individual problem cases shall be handled on their merit by the Employer and the Union. 4. Any employee absent for three (23) years consecutive work days or more without notification and up furnishing a justifiable reason for such absence shall be considered to ten (10) years - recall rights equal four (4) years; • seniority over ten (10) years - recall rights equal five (have voluntarily terminated his employment. Exceptional cases will be handled on their merit. Employees on Employer-approved leave of absence or industrial injury shall not be subject to this provision. 5) years. If at any time fewer employees shall be needed, employees shall be the employee is laid off in for lack of work from the inverse order of their seniority considering also ability and competency Employer's active payroll 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 one (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 five1)

Appears in 1 contract

Samples: Todd Shipyards Corp

SENIORITY. The Employee's Seniority as referred to in this Agreement shall mean length of continuous service with the Employer at its warehouse operations in Toronto and Ontario, from the employee's last date of hire. It shall have relevance only where specifically set forth and explained with respect to how it is to be applied. Subsequent to the signing of this Agreement, and every six months thereafter, a seniority list including separate seniority ranking number shall be posted in the main hallway by the Human Resources Manager. Employeeswill have two (2) weeks following such posting to clarify any disputes with respect to such seniority after which the list shall be accepted by the Union and all employees as correct. 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 purpose purposes of determining seniority rights wage and benefit administration and entitlement. In the event that an employee elects to bump into the bargaining unit pursuant to Article from other Distribution Centre buildings, previous service earned at that DistributionCentre 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 ColI ment An employee shall be deemed to commence 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-arbitrary manner. When filling permanent vacancies and 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 any choice to be made between two employees who are otherwise relatively the employee having the greater seniority shall receive the preference. In all instances, regular full time (Material Handlers and Maintenance) will be given first day preference by seniority and then material processors. The Company may consider personal leaves prior to any lay-off. Recalls from lay off will be conducted by seniority if the employee is capable of said employee's employment which continued for at least 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 material handler. Permanent vacancies are defined as vacancies that are expected to or do last in excess of ninety (90) calendar days, except where relieving for sickness, accident, vacation, leave of absence and leave, or for temporary assignments outside the bargaining unit. Employees within the bargaining unit shall have the opportunity to apply in the event a permanent vacancy in the bargaining unit occurs, subject to the criteria set out in article To facilitate such applications any such vacancy shall be posted for a period of three (3) full clear working days. An employee voluntarily leaving There will be a maximum of three (3) for a vacancy the service of 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 the Employer without posting. Should the successful applicant to a posting be unsatisfactory, he shall be returned to his former job and the vacancy may be filled from other applicants if any are qualified without further posting. A newly hired employee or an employee discharged who has successfully bid under this article shall not be entitled to bid for just cause shall lose all seniority rightsa subsequent posted job for six (6) months from the date of his employment or date of his successful bid except with the Employer's permission. Failure If an employee is going on vacation he will give notice in writing to report to work for four successive working days without a reasonable excuse therefore shall the Company that he will be considered equivalent to voluntarily leaving the service a candidate for any job posting that may be posted during this time. A copy of the Employer, but before any employee is discharged for any failure to report, the Shop Xxxxxxx must be notified. All seniority rights notice will be terminated given to the chief xxxxxxx. The employer may lay off employees for an employee who is laid off in excess of his recall rights as established a period not exceeding one (I) working day, by shift, by reverse seniority. In the following scale: • seniority over event the Employer reduces or eliminates a department or shift for more than 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 the employees affected shall be needed, employees shall be laid off the most junior in the inverse order of department and may exercise their seniority considering also ability in another department within any Distribution Centre building in or Metropolitan Toronto as per article and competency Such employees affected for less than ninety (90) days shall exercise their seniority within available vacancies at the jobtime of redundancy. When there BUMPING PROCEDURE Any employee having completed his probationary period, whose position 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 eliminated, or who is laid-off from his position may exercise his bumping rights within his classification wherever his seniority permits, subject to the number of employees, those laid off shall be re-employed criteria set out in paragraph Article and according to 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 fivefollowing procedure:

Appears in 1 contract

Samples: Agreement

SENIORITY. The Employee's a) is defined as length of service in the unit New employees shall be 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 determining seniority 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 commence on have bean terminated ii she: voluntarily leaves the first day employ of said 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's employment ; 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 continued for at least ninety (90) the leave was granted; fails to return to work within ten calendar daysdays after being recalled from layoff by notice sent by registered mall unless an explanation satisfactory to the Hospital is given by the employee. An employee voluntarily leaving who a position the service of bargaming shall not accumulate In the Employer or an employee discharged for just cause shall lose all seniority rights. Failure event that the is returned the 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 position in the inverse order bargaining unit she be credited the seniority held at the time of their seniority considering also ability transfer and competency for resume accumulation from the job. When there is not sufficient work for forty (40) hours for all employees the Employer agrees as far as possible date of her return 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 fivebargaining unit.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee‌ Seniority shall be defined as an employee's length of 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 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 instruction of the Employer unless the employee has quit or an employee been discharged for just cause shall lose all seniority rightsexcept as provided in Article 12, number 1 (one). Failure to report to work for four successive working days without a reasonable excuse therefore No time shall be considered equivalent deducted from an employee's seniority due to voluntarily leaving the service absences occasioned by authorized leaves of the Employerabsences, but before any employee is discharged vacations, sick or accident leaves or layoffs for any failure to report, the Shop Xxxxxxx must be notifiedlack of work except as hereinafter provided. All seniority rights Seniority for part-time employees will be terminated for an employee who is laid off in excess of his recall rights pro-rated based on 2080 hours per year as established by the following scale: • seniority over ninety (90) calendar days and up to full-time employment. To break a tie when two (2) years - recall rights equal two or more employees have the same hiring date, the employees’ seniority shall be 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 (24) years; • digits of the Social Security Number will be added for a second total to determine their seniority. In case of a further tie, the last five (5) digits, six (6) digits, etc., will be used to break the tie. An up-to-date seniority over two (2) years list shall be prepared by the Employer and up 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, seniority shall be pro-rated and the employee’s name shall be placed on the seniority list in accordance with the corrected date. The Employer agrees to furnish the names and dates of all newly hired employees, all transferred employees, re-hired employees, and reclassified employees covered under this contract. The Employer also agrees to furnish the job classification, titles, and representational areas of these employees to the Union Secretary/Treasurer within 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 regularly scheduled working days 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 fiveaction.

Appears in 1 contract

Samples: Classified Master Agreement

SENIORITY. The Employee's length (a) An employee, other than anyone hired and designated as temporary, shall acquire senior- ity status after he has been in the employ of service the Company for a probationary period of ninety consecutive days. It is understood that in cases of absence beyond ten consecutive days, the purpose Company may extend the probation- ary period by the total number of determining seniority rights 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 qualified. Sufficiently qualified shall be deemed to commence on mean that the first day of said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving em- ployee is qualified to perform 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 Employernormal reduction, but before any employee is discharged for any failure to report, the Shop Xxxxxxx must be notified. All seniority rights employees designated as tem- porary will be terminated before any regu- lar employee. a transfer or a promotion to a classification included in Schedule “A” which the Com- pany expects to remain in effect for more than thirty days occurs, provided how- ever, that the senior employee has quali- fications equal to or better than those of other employees. If any such temporary lay-off, transfer or promotion should sub- sequently become permanent, or exceed the stipulated time limits, the provisions of this clause shall apply immediately but such application shall be without retroac- tive effect. For the purpose of this agreement, an employee em- ployee other than anyone hired and desig- nated as temporary shall be credited with seniority for the total period of his employment with the Company or its predecessor. Senior- ity so acquired shall be lost on termination of employment. However, accumulated senior- ity shall be restored upon if such termination was due to lay-off, provided hat the lapse of time between the date of termination for such reason and the date of employment does not exceed eighteen 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 excess effect for two weeks or less, will be credited with seniority for such period upon his return to work from such lay-off. When an employee who has been in a classi- fication for twenty-six or more consecu- tive weeks is regressed to a lower classifica- tion lack of his recall rights as established by work, he will be given four weeks’ notice of such regression or paid at the following scale: • seniority over ninety (90) calendar days rate of the higher classification in lieu of such notice. When employment offers are made, former employees whose employment with the Com- pany was terminated during the preceding eighteen months due to lay-off 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 who are qualified for the job or jobs available shall be needed, employees offered employment on the basis of senior- / accumulated prior to termination. Any person being under this clause shall not be designated as temporary. The Company shall be laid off in under no obligation to re- employ such employee unless he has filed his current address and telephone num- ber with the inverse order of their seniority considering also ability Company for this purpose, can be reached when the opportunity for employment arises and competency is available 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 staffwhen his services are required. In the filling event that a former employee fails to accept other than of advertised vacanciesa tempo- rary nature, the Employer Company may consider that he no longer wishes to be The Company agrees to post seniority lists showing the seniority status of each employee and to furnish a copy of such lists to the Union. 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 consider be made in the senior applicant seniority status of an employee without consultation 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 fiveUnion.

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. The Employeenet credited service date as shown on records and as posted on the seniority lists establishes an employee's length seniority. agrees that existing rules for determining net credited service, as described in practices, will not be changed during the life of this Agreement in a manner that will diminish the net credited service for of any em All employees covered by this Agreement reporting to the purpose same management director shall comprise a seniority unit. The exercise of determining seniority rights shall be within a seniority unit except as otherwise specifically provided in this Agreement. If two or more employees have the same seniority, the one occupying the same position the longest shall be deemed to commence have the most seniority. If two or more employees, hired after December have the same seniority and have held the same position for the same amount of time, the employee whose employee number is closest to zero (0) shall be deemed to have the most seniority. will prepare and post on appropriate bulletin boards, on February and August each year, lists showing the first day seniority of said employee's employees within each seniority unit, and their service territory. One copy of such lists will be sent to the local Union office. agrees to advise the Xxxxxxx concerned of any: hiring retirement permanent transfer temporary transfer reassignment to a job location, for five days or more reclassification temporary or permanent promotion to a management position Such advice shall include: the employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving the service status 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 occupation his reporting centre 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 periodto the Xxxxxxx in writing at the time the employee is informed, or immediately thereafter. further agrees to advise, in the same manner, the Xxxxxxx concerned of an employee's: death resignation leave of absence for a period exceeding days Every two months, agrees to supply, to designated Local Officers of the Union, for each service territory, the surname and first name on records, employment status, position, and if they fail to perform in accordance with reporting centre, of all employees, as well as the employers requirements, they shall be returned to their former position and standing, except that if names of the job to which they have bid proves unsatisfactory, line managers for the three tiers above each 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 fiveARTICLE FORCE ADJUSTMENT

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's For the purposes of determining eligibility for any benefits provided pursuant to this Agreement, Overall Seniority is defined as continuous length of service for in years, months and days from the purpose last date of determining seniority rights shall be deemed to commence on hire. Classification Seniority is defined as continuous length of service in years, months and days from the first day last date 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 hire in a reasonable excuse therefore shall be considered equivalent to voluntarily leaving the service classification of the Employer, but before any employee is discharged for any failure . Classification Seniority shall apply to report, layoff and recall situations. The Employer shall provide the Shop Xxxxxxx must be notified. All seniority rights will be terminated for Union with an employee who is laid off in excess of his recall rights as established by the following scale: • seniority over ninety accurate and updated Overall Seniority list and Classification Seniority List within thirty (9030) calendar days of the ratification of this Agreement, 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) yearson an annual basis thereafter as of August 1st of each year. If at For any time fewer employees shall be needed, employees shall be laid off in Employee hired into the inverse order of their seniority considering also ability and competency for bargaining unit after 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 vacanciesannual notice period, the Employer shall consider provide the senior applicant with the competence Union and the ability Employee with Employee’s hire date and classification. New Employees do not have seniority status during their probationary period. At the end of the probationary employment period, seniority will date back to do the jobinitial date of employment. The successful applicant Independent Contractors, On-­‐Call Employees and temporary Employees shall not accrue seniority for any purpose. However, for seniority purposes if such Employees are subsequently hired as Full time or Part-­‐Time Employees the date of the change to regular employment will be used. If the last hire dates of two or more Employees are the same day, their placement on the seniority list shall be given a fair trial period of up to thirty (30) daysdetermined by the following: • Date first worked: and • If tied after above, by coin toss. Necessary job instruction will be given during such trial period, and if they fail to perform in accordance with the employers requirements, they Classification Seniority shall be returned used to their former position and standing, except that if determine overtime decisions (opportunity to accept or reject overtime shall be afforded in seniority rotation order to the Employee(s) in the job classification in the site who is scheduled to which they have bid proves unsatisfactorybe present at the beginning of the overtime period). It is understood that relationship-­‐based needs of the children and/or their families may require a specific Employee or Employees to work overtime, notwithstanding seniority considerations. In such situations, the employee, within fifteen (15) days from commencing new job, may request to be returned to his former positionEmployer shall specify the unusual circumstances, which request will shall not be given consideration arbitrary or capricious. Seniority shall be used to determine vacation schedules in cases when vacation schedules conflict. Overall Seniority and Classification Seniority shall be broken by discharge for cause, resignation or by six (6) consecutive months on layoff status. Leaves of absence granted by the Company. The Employer will advertise vacancies for fiveemployer in writing shall not be counted as part of such six (6) month period unless the Employee fails to return to work on the date specified; in which case his/her employment shall be considered terminated as of the date the Employee failed to return to work.

Appears in 1 contract

Samples: Union Agreement

SENIORITY. The Employee's length of service for the purpose of determining seniority rights A new employee shall be deemed to commence on known as a probationary employee until he has worked three hundred and seventy-five (375) hours. is agreed that the first day dismissal or lay off of said employee's employment which continued a probationary employee shall not be made the subject of a grievance. Before final acceptance 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 employment, 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 applicants will be terminated for an employee who is laid off in excess of his recall rights required to pass a physical examination. This examination may include x-ray and such laboratory tests 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 are required in accordance with the employers requirementsprovisions of the Long-Term Care Homes (where applicable) and the Public Health Act (where applicable) for the protection of the employee and the Employer. If an employee is assigned to work before the physical examination is completed, they it is understood that continued employment is pending upon the 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 Employer will notify the employee in writing that; The employee’s appointment to staff is confirmed, or; The employee’s employment is terminated, and such shall be returned at the sole discretion of the Employer 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 seventy-five hours of seniority. For purposes of this article seniority and service shall be calculated on the 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 former position and standing, except that if the job to which they have bid proves unsatisfactoryrespective Home, the employeeability and seniority of the employees shall be considered. Where these factors are equal, within fifteen (15) days from commencing new job, may request to be returned to his former position, which request the applicant with the greatest seniority will be given consideration 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 this Agreement may be the Company. The Employer will advertise vacancies for fivesubject of a grievance dealt with under the grievance procedure including the arbitration provisions.

Appears in 1 contract

Samples: Service Employees

SENIORITY. The EmployeeAn 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 but once seniority is acquired it will be regarded as having started 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 at the sole discretion of the Company. There shall be established a seniority list showingbargaining unit employees in order of seniority. Such list shall show the employee's length seniority and the department in which the employee holds such seniority. Seniority lists shall be revised once every six and copies supplied to the Union. Subject to the provisions of service for this Agreement, seniority shall be by department and p ant wide. For the purpose of determining applying the of this Agreement, such seniority rights provisions shall be deemed applied only to commence on the first day of said employee's employment which continued for at least ninety (90) calendar daysextent in this Agreement. An employee voluntarily leaving the service of the Employer or an employee discharged for just cause shall lose all A 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 transferred to by seniority on an indefinitelayoff (i.e. layoff for a period longer than a temporary layoff as defined herein), or on recall therefrom, shall lose seniority in excess of his recall rights as established by their in which they had department seniority) and attain seniority in the following scale: • new department after sixty (60) days in the new department. However, if such employee's formerjob opens up within days in the new department, the employee shall return to their An employee shall hold 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 in only one department at any time fewer one time. The appointment or selection of employees for or for any position not subjectto the provisions of this Agreement is not covered by this Agreement. A non- bargaining unit person, a seniority employee in the bargaining unit, who is transferred to a position the bargaining unit, shall be needed, employees shall be laid off in the inverse order of credited with seniority equal to 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 full accumulated service with the competence Company including the time worked outside the bargaining unit 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 placed in consistent with his seniority. In filling permanentjob vacancies (except those respect of positions excluded from the bargaining unit) and standing, except that if in cases of decrease or increaseof the job to which they have bid proves unsatisfactoryworking force, 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 fivefollowing factors shallbe considered:

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's length of service An employee, other than a student hired for the purpose vacation period, shall acquire seniority status after being in the employ of determining the Company for a 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 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 commence on mean that the first day employee is qualified to per- form the normal duties of said employee's employment 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 continued the Company expects to remain in effect for at least ninety (90) calendar more than thirty 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 It 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 understood that where 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 are 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 equally 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 prefer- ence shall be given a fair trial to the best qualified. Qualifications acquired during the period of up 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 thirty (30) daysthe Union and will show the established lines of progres- sion and retrogression. Necessary job instruction The Company agrees not to revise the Procedure during the term of the agreement. However, any addition to the Procedure shall not be deemed to be a revision but will be given during such trial period, discussed and if they fail to perform in accordance reviewed with the employers requirementsUnion. After moving through the lines of retrogression and before lay-off, they shall an employee will be returned assigned by the Company according to their former position the employee’s seniority and standingsubject to the first paragraph of this clause, except 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 lines of progression) or, if the job there is no such classification available to which they have bid proves unsatisfactory, the employee, within fifteen (15) days the employee 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 commencing new jobthe 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 restored upon employment if such termination was due to lay-off, or the expiration of leave of absence for illness or accident, provided the lapse of time between the date of termination for such and the date of not exceed twelve months. When employment offers are made, for- mer employees whose employment with the Company was terminated during the preceding twelve months due to lay-off and who are qualified for the job or jobs available shall be offered employment on the basis of seniority accumulated prior to termination. The Company shall be under no obligation to such a former employee unless said person has filed a current address and telephone number with the Company for this purpose, can be reached when the opportunity for employ- ment arises and is available for work when In the event that a former employee fails to accept the Company may request consider that said person no longer wishes to be returned The Company agrees to his former position, which request will be given consideration post seniority lists 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 at least every four months and to cor- rect any errors therein whenever proof of error is submitted by the CompanyUnion or any employee. The Employer will advertise vacancies for fiveNo change shall be made in the seniority status of an employee with- out consultation with the Union.

Appears in 1 contract

Samples: Agreement

SENIORITY. The Employee's Full-time and part-time employees who have completed their probationary period shall 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 length of continuous employment with the Employer in a position in the bargaining unit covered by this Agreement. 1 This includes any and all time of continuous employment at any of the Prospect CharterCARE, ChareCARE and/or pre- CharterCARE facilities. Seniority will govern with respect to matters such as the filling of vacancies, vacation accrual and scheduling, service area (tract) assignments, layoff, recall and as otherwise provided for in this Agreement. Layoff/Bumping Management has the purpose right to layoff employees for lack of determining seniority rights work. Layoff for lack of work shall be deemed in the order of seniority within the job classification, least senior first. Employees in the non-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 commence on fill an available vacancy for which they are qualified if it involves the first day same department and number of said employee's employment which continued regularly scheduled hours per week as the position the employee held when the employee was designated for at least ninety layoff. If an employee 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 orientation not to exceed fourteen (9014) calendar days. An Notwithstanding, a regular part time employee voluntarily leaving the service of the Employer or an can only bump another regular part time employee discharged for just cause shall lose all seniority rights. Failure to report to work for four successive working days without - provided however that a reasonable excuse therefore shall be considered equivalent to voluntarily leaving the service of the Employer, but before any part time 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 cannot bump into another part 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 position with a greater number of employees, those laid off shall be re-employed in regularly scheduled hours than 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 part time 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 fivepreviously held.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. The Employee's Company the principle of se- niority. In the application of seniority, it shall be 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 responsibility to notify the employer in writing of any change of address. For the purpose of determining 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 deemed Upon completion of Forty-Five calendar days they shall be regarded as regular employees and shall then be entitled to commence 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 Company of each employee. The seniority of the employees will be posted on the first day 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 supervisory position and at a later date ceases to be a supervisory worker and the Company desires to retain his services, it is hereby agreed that reinstatement can be made within the bargaining unit, provided however, that supervisory workers reinstated in the bargaining unit must return within one year to the job held at the time of said employee's employment their promotion to a supervisory position providing the job is not held by an employee having more Plant seniority. If the employee returns to 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 continued for at least ninety (90) calendar dayshis seniority entitles him. Supervisory employees in above shall have their seniority frozen while in a supervisory position. An employee voluntarily leaving shall cease to have seniority and his employment shall be terminated if the service 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 Employer 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 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 service in order of seniority, provided he is able to perform the work. Employees exercising 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 seniority shall be returned to his former position, which request will be given consideration by the Company. The Employer will advertise vacancies for fiveallowed a day period as a refamiliarisation

Appears in 1 contract

Samples: Master Agreement

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 placed on the seniority list until after she has completed eighty-four (84) calendar days of work with the Gallery. Upon completion of such probationary period, the employee's name shall be placed on the appropriate seniority list with seniority dating the date she was last hired by the Gallery. The Employee's length dismissal of service a probationary employee shall not be the subject of a grievance. Employees who hold both a full-time and part-time position with the Gallery must complete the appropriate probationary period for each position. Seniority will be maintained but shall not accumulate during leaves of absence without pay in excess of six (6) months. Seniority will be maintained and accumulate in the purpose case of determining paid leaves, such as leave, Short- term Disability, Workplace Safety and Insurance Board and during the period the employee is 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 copy of the list shall be provided to the Union Local President and posted on the designated bulletin boards throughout the Gallery. It agreed understood that each list shall remain posted for a period of twelve (12) months. If an employee does not challenge the position of her name on the seniority rights list within the first (1st) fourteen (14) calendar days from the date her name first appears on a seniority list, provided she is at work when the list is posted, then she shall be deemed to commence on have proper seniority standing. In the first day of said employee's employment which continued for event the employee is not at least ninety work when the list is posted, she must object to her seniority standing within fourteen (9014) calendar daysdays the date she returns to work. An employee voluntarily leaving the service of the Employer or an employee discharged for just cause A person shall lose all seniority rights. Failure to report to work for four successive working days without a reasonable excuse therefore and shall be considered equivalent conclusively deemed 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 have 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 employment 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 Gallery 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 fiveshe:

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. The Employee's length Seniority will be set up and maintained for all employees of service the Sawmill and Planing Mill. Temporary vacancy will be filled within the department and will not be posted in the other department. Trade apprentice program openings, including graders apprentice, will be posted in both sawmill and planing xxxxx. When a permanent vacancy occurs at the Sawmill or at the Planing Mill, the vacancy will be posted and the senior applicant who, provided he has the aptitude of skill, efficiency and ability, will be trained by the Company in order to meet the job requirements in accordance with clause 12.06 (3). It is also understood that seniority will not be transferable to other agreements of the Company. Employees that have been transferred at the Sawmill and the Planing Mill from the Plywood Plant, will for the purpose of determining fringe benefits, retain all their seniority rights shall be deemed to commence already accrued, but for the purpose of actual exercising of seniority such said employees' seniority will begin accruing on the first day of said employee's employment which continued for date the transfer was effected. Tradesmen from the sawmill will be permitted to perform work at least ninety the planing mill when required by the Company. SIGNED IN TIMMINS, ONTARIO, THIS 21ST, DAY OF SEPTEMBER, 2012. For the Company For the Union Xxxxx Xxxxx Xxx Xxxxxxxxx Xxxx Xxxxxxxx Xxxx Xxxxxxx Xxxxx Xxxxxx Xxxxx Xxxxxxxx Xxxxx Xxxxxxx Xxxxxx Xxx Xxxxxxx Xxxxx Xxxx Xxxxxxxx LETTER OF UNDERSTANDING between TEMBEC INC. FPG - COCHRANE SAWMILL (90hereinafter called the "Company") calendar days. An employee voluntarily leaving and U.S.W. CANADA - LOCAL 1-2010 (hereinafter called the service of "Union") Re: Front End Loader/Prentice Mobile Operator/Mobile Slasher It is agreed between the Employer or Company and the Union, that before 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 can bid on the service job classification of the Employer, but before any employee is discharged for any failure to report, the Shop Xxxxxxx AFront End Loader/Prentice Mobile Operator@ he must be notified. All seniority rights will be terminated for an employee who is laid off in excess of his recall rights have previously been qualified 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 periodXXxxx Labour/Front End Loader/Prentice Mobile Operator trainee@, and if they fail to perform have spent a minimum of three (3) months in accordance with the employers requirements, they shall be returned to their former position and standing, except that classification. It is also understood that if the job candidate fails to which they have bid proves unsatisfactoryqualify himself as AFront End Loader/Prentice Mobile Operator@ in the above manner, the employee, within fifteen (15) days from commencing new job, may request to he will be returned to his former positionjob classification he held prior to his appointment to XXxxx Labour/Front End Loader/Prentice Mobile Operator trainee. SIGNED IN TIMMINS, which request ONTARIO, THIS 21ST, DAY OF SEPTEMBER, 2012. For the Company For the Union Xxxxx Xxxxx Xxx Xxxxxxxxx Xxxx Xxxxxxxx Xxxx Xxxxxxx Xxxxx Xxxxxx Xxxxx Xxxxxxxx Xxxxx Xxxxxxx Xxxxxx Xxx Xxxxxxx Xxxxx Xxxx Xxxxxxxx LETTER OF UNDERSTANDING between TEMBEC INC. FPG - COCHRANE SAWMILL (hereinafter called the ACompany@) and U.S.W. CANADA LOCAL 1-2010 (hereinafter called the AUnion@) Re: Carry Lift Operator It is agreed between the Company and the Union, that before an employee can bid on the job classification of ACarry Lift Operator@ he must have previously been qualified as XXxxx Labour/Carry Lift Operator trainee@, and have spent a minimum of three (3) months in that classification. It is also understood that if the candidate fails to qualify himself as ACarry Lift Operator@ in the above manner, he will be returned to his former job classification he held prior to his appointment to XXxxx Labour/Carry Lift Operator trainee@. SIGNED IN TIMMINS, ONTARIO, THIS 21ST, DAY OF SEPTEMBER, 2012. For the Company For the Union Xxxxx Xxxxx Xxx Xxxxxxxxx Xxxx Xxxxxxxx Xxxx Xxxxxxx Xxxxx Xxxxxx Xxxxx Xxxxxxxx Xxxxx Xxxxxxx Xxxxxx Xxx Xxxxxxx Xxxxx Xxxx Xxxxxxxx LETTER OF UNDERSTANDING Between TEMBEC INC. FPG - COCHRANE SAWMILL And U.S.W. CANADA - LOCAL 1-2010 It is agreed between the Company and the Union, that week-end clean-up will be given consideration by preference to employees from the bargaining unit when available, by students if necessary and as a last resort. Employees who are willing to work will be required to signify their interest by giving their names to their supervisor by Thursday at noon. SIGNED IN TIMMINS, ONTARIO, THIS 21ST, DAY OF SEPTEMBER, 2012. For the Company For the Union Xxxxx Xxxxx Xxx Xxxxxxxxx Xxxx Xxxxxxxx Xxxx Xxxxxxx Xxxxx Xxxxxx Xxxxx Xxxxxxxx Xxxxx Xxxxxxx Xxxxxx Xxx Xxxxxxx Xxxxx Xxxx Xxxxxxxx LETTER OF UNDERSTANDING between TEMBEC INC. FPG - COCHRANE SAWMILL (hereinafter called the "Company. The Employer will advertise vacancies for five") and U.S.W. CANADA - LOCAL 1-2010 (hereinafter called the "Union")

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's List Where qualified seniority is preference or priority for promotions, demotions, lay-offs and and all other matters measured by length of service for with the purpose of determining Employer as outlined herein, seniority rights shall operate on a bargaining-unit-wide basis, The Employer shall maintain a seniority list showing the date upon which each employee’s service commenced. An up-to-date seniority list shall be deemed sent to commence the Union and posted on all bulletin boards in January and July of each year. for New Newly hired employees shall be considered on a trial basis for a period of sixty days worked from the date of hiring. During the trial period employees shall be entitled to all rights and privileges of this agreement except that the employment of such employees may be terminated at any time during this period of sixty days worked without recourse to the grievance procedure. After completion of the trial period, seniority shall be effective from the first day of said the present period of employment and shall accrue on the basis of his/her length of service with the Hospital. The employee will receive a progress report at approximately the mid-point of the trial period. Such report will be discussed with the employee's employment which continued for at least ninety (90) calendar days. It is understood that the contents of the progress report are not Absence An employee voluntarily leaving the service of the Employer or an employee discharged for just cause shall lose all seniority rights. Failure and’shall be deemed to report to have terminated his/her employment if he/she: is discharged for cause and is not reinstated; he/she resigns; he/she is absent from work for four successive in excess of two working days without notifying the employer unless such notice was not reasonably possible; after a reasonable excuse therefore lay-off, fails to return to work within seven calendar days after being notified by registered mail to do so, unless not reasonably possible. It shall be considered equivalent to voluntarily leaving the service responsibility of the Employer, but before any employee is discharged to keep the employer informed of his/her current address; fails to return to work on termination of an approved of absence without just cause; uses a leave of absence for any failure to report, purposes other than those for which the Shop Xxxxxxx must be notified. All seniority rights will be terminated for an employee who leave of absence was granted; is laid off and not recalled within the time limits provided in Article is absent from work due to illness or disability for a period of thirty months from the time such absence commenced. Transfers to Positions If an employee is temporarily transferred to a Supervisory position or any other position not covered by this agreement, he/she shall retain and accumulate seniority in the position from which he/she was temporarily transferred. Effect of Absence Length of Service will be interpreted by the Hospital as years of unbroken service with It is understood that during an approved unpaid absence not exceeding thirty continuous days or any approved absence paid by the Hospital, both seniority and service will accrue. During an unpaid absence exceeding thirty continuous calendar days, credit for service for purposes of salary increment, vacation, sick leave, or any other benefits under any provisions of the Collective Agreement or elsewhere, shall be suspended for the period of the absence in excess of his recall rights as established by thirty continuous calendar days, the following scale: • seniority over ninety (90) calendar days benefits concerned appropriately reduced on a pro rata basis 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) yearsthe employee’s anniversary date adjusted accordingly. If at any time fewer employees shall be neededIn addition, employees shall be laid off the employee will become responsible for full payment of employee benefits in the inverse order of their seniority considering also ability and competency which he/she is participating for the job. When there is not sufficient work for forty (40) hours for all employees period of the Employer agrees as far as possible to arrange the work schedules so absence, except 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 Hospital in accordance with the employers requirementsWorkers’ Compensation Act, they will continue to premiums for up to twelve n pay its share of the months while an employee is io in receipt of benefits. Notwithstanding this provision, accrue for a period of fifteen weeks if an employee’s absence is due to a disability resulting in benefits. It is further understood that during such unpaid absence, credit for seniority for purposes of promotion, demotion, transfer or lay-off shall be returned suspended and not accrue during the period of absence. Notwithstanding this provision, seniority shall accrue for a period of eighteen months if an employee’s absence is due 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 fivea disability resulting in benefits.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's length of service for the purpose of determining seniority rights is to provide the order of layoffs, recalls, filling job openings in the bargaining unit, vacation scheduling, and the allocation of work as specifically provided for in 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 deemed to commence prepared and posted on the first day bulletin boards in the office every three (3) months with sufficient copies for Stewards and Business Representatives. Seniority lists containing the names and addresses of said employee's employment which continued for at least ninety (90) calendar daysemployees as contained in the records of the Company will be prepared and forwarded to the Local Union office annually during September of each year. 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 probationary until placed on the service appropriate seniority list. Such employee shall work under the provisions of the Employer, but before any employee is discharged this Agreement and shall be employed on a probationary basis 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 during which period he may be terminated or disciplined without recourse to two (2) years - recall rights equal two (2) years; • 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 over two (2) years and up list as of the date of commencement of his probationary period. Employees promoted 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 management positions or positions not subject to this Agreement will retain their seniority considering also ability and competency after promotion 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 ninety (3090) dayscalendar days only. Necessary job instruction will be given during such trial period, and demoted for any reason or if they fail to perform in accordance with the employers requirements, they shall be returned voluntarily request reinstatement to their former position and standing, except that if the job to which they have bid proves unsatisfactoryposition, the employee, within fifteen (15) days from commencing new job, may request 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 returned to applied only once for any employee during the term of this Agreement. An employee’s employment shall be terminated and he shall lose his former position, which request will seniority standing and his name shall be given consideration by removed from the Company. The Employer will advertise vacancies seniority list for fiveany of the following reasons:

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's ‌ Seniority shall be defined as the worker’s length of continuous service for with the purpose Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of determining the probationary period, the worker’s seniority rights shall be deemed retroactive to commence on the their first day of said employee's work in the bargaining unit position, and shall accrue during his/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 paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which continued exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for at least ninety (90) calendar days. An employee voluntarily leaving the service any of the Employer or an employee discharged for just cause shall lose all seniority rights. following reasons: Voluntary quit; Discharge; Failure to report to work for four successive working after a Layoff, within three (3) days without a reasonable excuse therefore shall be considered equivalent to voluntarily leaving the service after receipt 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 written notice of his recall rights as established sent by the following scale: • seniority over ninety (90) calendar days and up Employer to two (2) years - recall rights equal two (2) years; • seniority over two (2) years and up to the worker at his/her last address of record on file with the Employer or ten (10) years - days after written notice of recall rights equal four is sent to the address that was last provided by the worker; Xxxxxx which either extends (4a) yearsin excess of twenty‐four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is 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 over ten (10) years - recall rights equal five (5) years. If at is lost for any time fewer employees of the reasons outlined above 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 considered as far as possible to arrange the work schedules so that the senior a new employee shall have forty (40) hours work. When if the Employer again adds employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the number grievance and arbitration provisions 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 fivethis Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. The Employee's length of service for the purpose of determining seniority rights shall be deemed to commence on the first day of said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving the service of the Employer or Until an employee discharged for just cause shall lose all seniority rights. Failure to report to work for four successive working has completed a probationary period of forty days without a reasonable excuse therefore worked he shall be considered equivalent to voluntarily leaving be on a probationary basis, having no seniority rights, and his employment may be terminated by the service Company without recourse to the grievance and arbitration of this agreement. Upon satisfactory completion of the Employerprobationary period 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, but before any employee is discharged for any failure to reportthey will be placed in alphabetical order on the master seniority list. When a permanent vacancy occurs, the Shop Xxxxxxx must be notified. All seniority rights job will be terminated for an employee who is laid off in excess of his recall rights as established by posted on 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 bulletin boards in the inverse order plant for a period of their seniority considering also ability and competency five working days before being filled. During this employees wishing to bid for the job. When there , with no restriction across shifts, should make application to their xxxxxxx and if the job is not sufficient work for forty (40) hours for all employees filled by an employee already in 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 plant it 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 highest seniorit, skill, competence and the ability to do the jobefficiency being relatively equal. The successful applicant for a job posting shall be given a fair trial period paid the rate the vacant job on actual performance of up 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 thirty (30) days. Necessary job instruction will be given during such trial periodfilled, and if they fail any other reasonable eligibility requirements be met by the 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 expiration of the above notice period. An employee is not permitted io post from one permanent job to perform another permanent job more than once in accordance with the employers requirements, they any consecutive six month period. An employee shall lose his seniority and his employ shall be returned terminated for any of the following reasons: If the employee quits. If the employee is discharged and such discharge is not reversed through the grievance procedure. If the employee has been laid off and fails to their former position and standingreturn work within five working days after he has been notified by the Company to do so, except that if or fails to advise the job Company within working days of receipt of notice of his intention to which they have bid proves unsatisfactory, return. of All employees who are on layoff who are subject to recall rights under the employee, within fifteen (15) days from commencing new job, may request to provisions of the previous contract as of April shall be returned to his former position, which request will be given consideration subject the terms of the renewed agreement dated August If employee with less than twelve months seniority has been laid off for a period in excess of twelve consecutive months without being recalled work by the Company. The Employer will advertise vacancies If employee with more than twelve months seniority has been laid off for fivea period in excess of twenty-four without being recalled to work by the Company. If the employee is absent from work for more than two consecutive working days without providing a reason satisfactory to the Company for such absence. If the employee overstays a leave of absence granted by the Company without securing an extension of such leave. If the employee retires.

Appears in 1 contract

Samples: negotheque.travail.gc.ca

SENIORITY. The Employee's 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 credited with seniority to hours. With the written consent of the the probationary employee, 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 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 purpose probationary period since they last commenced employment with the and their seniority standing under Article A copy of determining seniority rights shall such list will be deemed provided to commence on the Union as of the first day of said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving January and July during the service term of the Employer or an employee discharged for just cause shall lose all this Agreement,, Copies of such 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 lists will be posted annually 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 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, or if the month employee feels he is unable to perform the duties of January. All positions must be filled by qualified employees on staff. In the filling of advertised vacanciesvacancy to which he is posted, 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 employee 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 positionposition or an equivalent at his former salary or rate of pay, which request as will any other employee in the bargaining unit who was promoted or transferred by reason of such placing. Newly hired employees shall be given consideration by terminated and such termination shall not be subject to the Company. The Employer will advertise vacancies for fivegrievance and arbitration procedure.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's length of service (a) Seniority for the purpose of determining seniority rights posting (promotions, Reclassifications) and (see clauses shall be deemed to commence defined as the continuous length of 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 Board which shall include service in other departments than Caretakingand Maintenance. All employees who work less than twenty (20) hours per week are considered part-timeemployees. They will seniority on a pro-rata basis. (a) An employee who works twenty (20) hours or more per week shall be on a probationary period for the first day three (3) months of said employee's employment which continued for at least ninety employment. All employees or transferred to participate the apprenticeship program shall be required to a three (903) calendar daysmonth probationary period prior to registration with the Ministry of Skills Development. The employee shall not have recourse to grievance regarding discharge except in the case of unjust cause. An employee voluntarily leaving who works less than twenty (20) hours per week shall be on a probationary period for the service first five hundred and (520) hours of paid time. Following successful completion of the employee's probationary period, the employee shall be placed on the seniority list and will be credited with seniority at the date of hiring in the Caretaking and 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 to properly ascertain that the 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 Agreement based upon each employee's last date of hiring. 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 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 have the right to bump any employee in the maintenance or caretaking categories. If an employee discharged for just cause is transferred by the Board to another category, that employee shall not lose all the employee's seniority rightswith the Board. Failure In the event of lay-off, employees will be appointed to report the least senior position in their job classification. If no position available in their job classification, employees will be appointed to work for four successive working days without the least senior position in a reasonable excuse therefore shall be considered equivalent lower classification provided that they have the experience, qualifications, skills and ability to voluntarily leaving perform the service requirements of the Employer, but before any position. No employee is discharged for any failure will be transferred to reporta position outside the bargaining unit without the employee's consent. If such a transfer does take place, the Shop Xxxxxxx must be notified. All seniority rights will be terminated employee shall retain the employee's Seniority acquired to the date of the transfer, for an employee who is laid off in excess a period 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, but will not accumulate any further seniority. If at any time fewer employees such an employee later returns to the bargaining unit, the employee shall be neededplaced in a job consistent with that employee's seniority, employees and the employee's return shall be laid off not result in the inverse order lay-off or bumping 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 an 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 fiveholding greater

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's length of service for the purpose of determining seniority rights A probationary employee shall be deemed declared regular when he/she has accumulated hours worked since the date of his/her employment. Upon completion of his/her probationary period, the employee 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 first day same day, their position on the seniority list shall be based on the records of said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving the service order of the Employer 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 an employee 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 will be cancelled for any of the following reasons: If he/she voluntarily quits his/her employment with the Company. is discharged for just cause shall lose all seniority rightsand is not reinstated voluntar- ily by the Company or by order of a board of arbitration. Failure If while on Lay-off he/she fails to report return to work for four successive within five working days without 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 submits reasonable excuse therefore shall be considered equivalent justification in writ- ing for being unable to voluntarily leaving return to work and provided such submission is received by the service company within three working days from the date of the Employer, but before any employee is discharged for any failure to reportreceipt of his/her recall notice. In this circumstance, the Shop Xxxxxxx must be notified. All seniority rights will be terminated for employee may request either 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 extra delay up to ten (10) years - the privilege of a second recall rights equal four (4) years; • seniority over ten (10) years - before the expiration of his/her recall rights equal five (5) yearsrights. The Company shall grant such request wherever possible. Employees granted a second recall will be placed at the bottom of the recall list. If at any time fewer employees shall be neededthe recall is of a nature, 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 so notified. If the month of January. All positions must be filled by qualified employees employee elects to decline such a recall he/she will main- tain his/her current position 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 periodrecall list, and if they fail to perform in accordance with not be placed at the employers requirements, they shall be returned to their former position and standing, except that if bottom of 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 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. The Employer will advertise vacancies If he/she is on layoff for fivea continuous period of: two years; employee had less than five years on the layoff.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's length Fundamentally, rules respecting seniority are designed to give employees an equitable measure of security based on continuous service for the purpose of determining seniority rights Company in the bargaining unit. There shall be deemed to commence a probationary period for each new employee of thirty-five worked days after which the employee shall be placed on the first day seniority list dating back to date of said employee's employment which continued for at least ninety (90) calendar dayshire. An A probationary 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 may be considered equivalent to voluntarily leaving the service of the Employer, but before any employee is discharged for any failure reason satisfactory 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 Company will advertise vacancies 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 work immediately. As of 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 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 full-time vacancy occurs in the positions of clerk, stock clerk and postal clerk, part-time employees may bid on such a vacancy in accordance with Article of the full-time agreement and jobs will be filled in accordance with said clause. Bids by part-time employees will only be considered when bids by full-time employees have been exhausted. As per Article (loss of seniority standing and deemed quit), of the full-time Agreement. Also, the following reason shall be included for fivethis Appendix:

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. The Employee's ‌ Seniority shall be defined as the worker’s length of continuous service for with the purpose Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of determining the probationary period, the worker’s seniority rights shall be deemed retroactive to commence on the their first day of said employee's work in the bargaining unit position and shall accrue during his/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 paid time off (PTO), union leave and during any paid leave of absence, or approved unpaid leave of absence not to exceed twelve (12) weeks. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which continued exceeds twelve weeks. A worker shall lose accumulated seniority and seniority shall be broken for at least ninety (90) calendar days. An employee voluntarily leaving the service any of the Employer or an employee discharged for just cause shall lose all seniority rights. following reasons: • Voluntary quit; • Discharge; • Failure to report to work for four successive working after a Layoff, within three (3) days without a reasonable excuse therefore shall be considered equivalent to voluntarily leaving the service after receipt 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 written notice of his recall rights as established sent by the following scale: • seniority over ninety (90) calendar days and up Employer to two (2) years - recall rights equal two (2) years; • seniority over two (2) years and up to the worker at his/her last address of record on file with the Employer or ten (10) years - days after written notice of recall rights equal is sent to the address that was last provided by the worker; • Layoff which either extends (a) in excess of twenty-four (424) yearsconsecutive months, or (b) for the period of the worker’s length of service, whichever is 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 over ten (10) years - recall rights equal five (5) years. If at is lost for any time fewer employees of the reasons outlined above 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 considered as far as possible to arrange the work schedules so that the senior a new employee shall have forty (40) hours work. When if 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 fiveemploys him or her.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. The Employee's length An employee shall be on probation for ninety (90) days from the date of service 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 determining this Agreement an "seniority" (other than that of a probationary employee) shall commence with the date of the employee's most recent hiring (other than as a result of a recall after a layoff) by the Board and shall be maintained and accumulated so long as the employee during: a layoff within any period during which the employee was entitled to be recalled; any sickness or accident; and any leave of absence. When a probationary employee completes the probationary period the employee shall be entered on the seniority rights list and shall rank seniority from the date the employee was last hired. A loss in seniority shall be deemed to commence on have occurred if an individual employed by the first day of said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving the service Board: quits; is discharged and is not reinstated by reason 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 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 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: leave of absence 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; layoff; or strike or lockout. Necessary job instruction The Board shall maintain a master seniority list showing the name, classification, region and hiring date of each employee. Seniority will be given during such trial period, and if they fail to perform in accordance with the employers requirements, they unit-wide. An up-to-date seniority list shall be returned posted annually by January and three copies thereof shall be sent 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 fiveUnion.

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. The Employee's length of service New employees will be considered as probationary employees until they have been employed continuously for the purpose of determining a three (3)month probationary period. Probationary employees shall have no seniority rights but after the probationary period their seniority shall be dated b date of commencement of the probationary period. and employment shall be deemed to commence on be Voluntarily leaves the first day of said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving the service employ of the Employer or an employee Company. Is discharged for just cause shall lose all seniority rightsand is not reinstated purs- uant to the of this agreement. Failure to report to work Is absent without an acceptable reason for four successive 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 end of a reasonable excuse therefore leave of absence, unless the reason 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 considered equivalent deemed to voluntarily leaving be a lay off. For the service purposes of Article Section "location" shall mean the Employerbranch or division office at or out of which the employee works. Lay and recalls shall occur in the manner herein- after set forth, but before any employee is discharged for any failure provided that the employees who re- main are capable, willing and available to reportdo the work required. In the event lay are required, the Shop Xxxxxxx must following proce- dure shall be notifiedfollowed: All Temporary Employees shall be laid off first. All seniority rights will Probationary Employees shall 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) yearsrespective departments where the layoffs occur. If at any time fewer employees All Probationary Employees throughout the Bargaining Unit shall be needed, 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 inverse order of their seniority considering also ability and competency for event that more than one employee is laid off at 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 same time, the senior such employee shall have forty (40) hours workpreference as to which junior employees af- fected they displace. When the Employer again adds to the number of employees, those An employee who is 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 who displaces another employee 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 fiveArticle Section

Appears in 1 contract

Samples: Agreement

SENIORITY. The Employee's length of service No preference for the purpose of determining seniority rights shall be deemed to commence on given except when making a decision between teachers who have comparable evaluations. For the first day term 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 this agreement, all seniority rights. Failure to report to work for four successive working days without a reasonable excuse therefore evaluations shall be considered equivalent to voluntarily leaving 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 determined first by continuing contract status, followed by the length of continuous certificated/licensed service in the Fairview Park City Schools in a position requiring certification/licensure. Among those MBUs with the same length of continuous service, seniority shall be determined by the date of the Board meeting in which the MBU was hired and, then, if a tie, by date of first application. Length of continuous service will not be interrupted or affected by authorized leaves of absence or layoff except as otherwise stipulated by this contract. The continuous service of the Employeran MBU who has returned to employment following resignation, but before any employee is discharged for any failure to report, the Shop Xxxxxxx must be notified. All seniority rights unauthorized leave of absence or other termination of employment will be terminated for an employee who is laid off in excess measured from the date of his recall rights as established return. This seniority list will be sent to all MBUs and the Association President and all Association building representatives 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) yearsinteroffice mail by November 15 of each school year. 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 an MBU believes there is not sufficient work for forty (40) hours for all employees an inaccuracy in his/her placement on the Employer agrees list, s/he must notify the Superintendent or his/her designee in writing of the alleged * Terms 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 interpreted under R.C. 3319.17 inaccuracy 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 jobDecember 15. The successful applicant Superintendent or his/her designee shall be given a fair trial period notify each affected MBU of up to thirty (30) days. Necessary job instruction will be given during such trial periodthe outcome of the claim, and if they fail to perform in accordance with the employers requirementswriting, 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 fiveno later than January

Appears in 1 contract

Samples: Contract

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 Employee's length Company may elect to hire students for summer employ- ment within the period of service for 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 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 reportthis agreement, the Shop Xxxxxxx must be notified. All seniority rights will be terminated for word employee means an employee who is laid off in excess has seniority unless otherwise stated. For the purpose of his recall rights this agreement, seniority means the seniority accumulated by an employee as established by defined on the following scale: • respective seniority over ninety (90) calendar days lists. Any employee assigned to a job outside the bargaining unit shall not return to a job within the bargaining unit and up to two (2) shall forfeit any accumulated seniority. Not withstanding their seniority status, the Zone Xxxxxxx, Chairperson or Chairperson, with one or more 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 neededof seniori- ty with the Company shall, employees shall be laid off in the inverse order event of layoff be continued at work as long as work in their seniority considering also ability respective zone, plant or company, whichever is applicable, is available provided they are qualified, will- ing 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 able to arrange satisfactorily perform the work schedules so being done at that the senior employee shall have forty (40) hours worktime. When the Employer again adds With respect to the number of employees, those laid off shall scheduled work to 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 performed on staff. In the filling of advertised vacanciesovertime, the Employer shall consider Company will schedule the senior applicant with the competence and zone xxxxxxx, who has the ability to do per- form an overtime job, when five or more people are working in the jobzone. The successful applicant Should the zone xxxxxxx refuse the overtime, the Union shall be given appoint one of the employees scheduled to work overtime as a fair trial period temporary xxxxxxx. It is the responsibility of up the zone xxxxxxx to thirty (30) daysnotify the Union of his overtime refusal. Necessary job instruction In situations where no stew- ards are representing ten or more workers, within a plant, the Vice-Chairperson will be given during such trial period, and if they fail scheduled to perform in accordance with one of the employers requirements, they available overtime jobs. Seniority rights and employment of an employee shall be returned to their former position and standing, except that if cease for any of 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 fivefollowing reasons:

Appears in 1 contract

Samples: Agreement

SENIORITY. The Employee's length Unit seniority shall commence with the first date of service for employment to a permanent position in the purpose bargaining unit. Involuntary layoffs will not result in lost time. Time lost as a result of determining seniority rights non-compensable leave shall be deemed to commence subtracted from accrued seniority. Time lost shall be subtracted on a full month basis using the majority of work days in a month as the determiner. Seniority adjusted as a result of time lost shall be reflected on the first day ensuing November seniority list. (Example: First date of said employee's employment which continued for at least ninety from January 1, 1990 less time loss of six (906) calendar daysmonths seniority date adjusted to July 1, 1990.) : A seniority list of employees 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. An The seniority of more than one employee voluntarily leaving hired on the service of same date and having achieved the Employer or an employee discharged for just cause shall lose all same accrued 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 Employerdetermined alphabetically by last name, but before any employee is discharged for any failure to reportfirst name, the Shop Xxxxxxx must be notifiedand middle initial. All seniority rights The Association will be provided a list of terminated for an employee employees and newly-hired employees who is laid off in excess have completed their probationary period. : Part-time employees shall receive sick leave and holiday pay on a pro-rated basis determined by a fraction the numerator of his recall rights as established which shall be the hours worked by the following scaleemployees 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 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 list in total if no objections have been received within five (5) yearsworking days following the distribution of the seniority list. If at any time fewer : 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 neededprobationary for the first sixty (60) work days of their work year. Upon success of completion of the probationary period, the 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 laid off represented by the 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 be broken and employment 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 District ended 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:

Appears in 1 contract

Samples: Bargaining Agreement

SENIORITY. (a) The Employeepurpose 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 length 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 service three (3) years from the date of layoff. Seniority shall be 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 seniority shall be the determining factor. In the event of a layoff, before laying off employees out of seniority order (after acquired) the Company will notify the Union. The Seniority lists for the Maintenance, City and Highway departments shall be prepared and posted separately, every three (3) months. Employees shall be considered probationary until placed on the 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 terminate such an employee for the purpose of determining forcing an additional probationary period. Upon completion of the sixtieth working day, the employee shall either be terminated or placed on the regular seniority rights 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 time spent in the supervisory position shall be deemed included in their seniority rating. Such employee shall forfeit any and all recourse to commence on the first day grievance procedure as outlined in this Agreement should subsequently be discharged in such a position beyond the jurisdiction of said this Agreement. This Article is to be applied only once for any employee during the term of this Agreement. An employee's employment which continued shall be terminated for at least ninety (90) calendar days. An any of the following reasons: If an employee voluntarily leaving the service of the Employer or quits; If 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 and is not reinstated pursuant to report, the Shop Xxxxxxx must be notified. All seniority rights will be terminated for Grievance Procedure as provided in this Agreement; If an employee who is has been laid off in excess of his recall rights as established by the following scale: • seniority over ninety (90) calendar days and up not employed elsewhere and has refused to two (2) years - recall rights equal two (2) years; • seniority over two (2) years and up return to ten (10) years - recall rights equal work within twenty-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 (4024) 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 workafter being contacted personally. When the Employer again adds employee cannot be contacted or is employed elsewhere, then the Company will notify the employee by registered mail to the number of employees, those laid off shall be re-employed in the order of their seniority (seniority number) considering also ability his last known address to return to work and competency for the job. All jobs he 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 allowed no more than seven (307) 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) consecutive 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 date of notificationto report for fiveduty; If he takes employment other than that declared and agreed upon when applying for a leave of absence; If an employee is absent from work without securing a leave of absence for more than three (3) consecutive working days;

Appears in 1 contract

Samples: Collective Agreement

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 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 consecu- tive 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 Employee's length Company may elect to hire students for summer employ- ment within the period of service for 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 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 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 reportthis agreement, the Shop Xxxxxxx must be notified. All seniority rights will be terminated for word employee means an employee who is laid off in excess has seniority unless otherwise stated. For the purpose of his recall rights this agreement, seniority means the seniority accumulated by an employee as established by defined on the following scale: • respective seniority over ninety (90) calendar days lists. Any employee assigned to a job outside the bargaining unit shall not return to a job within the bargaining unit and up to two (2) shall forfeit any accumulated seniority. Not withstanding their seniority status, the Zone Xxxxxxx, Chairperson or Chairperson, with one or more years - recall rights equal two (2) years; • of 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 neededwith the Company shall, employees shall be laid off in the inverse order event of layoff be continued at work as long as work in their seniority considering also ability respective zone, plant or company, whichever is applicable, is available provided they are qualified, willing 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 able to arrange satisfactorily perform the work schedules so being done at that the senior employee shall have forty (40) hours worktime. When the Employer again adds With respect to the number of employees, those laid off shall scheduled work to 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 performed on staff. In the filling of advertised vacanciesovertime, the Employer shall consider Company will schedule the senior applicant with the competence and zone xxxxxxx, who has the ability to do perform an overtime job, when five or more people are working in the jobzone. The successful applicant Should the zone xxxxxxx refuse the overtime, the Union shall be given appoint one of the employees scheduled to work overtime as a fair trial period temporary xxxxxxx. It is the responsibility of up the zone xxxxxxx to thirty (30) daysnotify the Union of his overtime refusal. Necessary job instruction In situations where no stewards are representing ten or more workers, within a plant, the Vice-Chairperson will be given during such trial period, and if they fail scheduled to perform in accordance with one of the employers requirements, they available overtime jobs. Seniority rights and employment of an employee shall be returned to their former position and standing, except that if cease for any of 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 fivefollowing reasons:

Appears in 1 contract

Samples: Agreement

SENIORITY. The Employee's Seniority as referred to in this Agreement shall mean length of continuous service with the Employer at its warehouse operations in Toronto and Ontario, from the employee's last date of hire. It shall have relevance only where specifically set forth and explained with respect to how it is to be applied. Subsequent to the signing of this Agreement, and every six months thereafter, a seniority list shall be posted by the Employer. 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 purpose purposes of determining seniority rights wage and benefit administration and entitlement. In the event that an employee 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 be deemed to commence on receive full recognition for any service which may have been earned at the first day of said employeeEmployer's employment which continued City View Distribution Centre for at least ninety (90) calendar daysall purposes under this Collective Agreement. 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 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 voluntarily leaving discharge, demote, suspend, reprimand, lay off or otherwise discipline a probationary employee providing they act in good faith and in a non-arbitrary manner When filling permanent vacancies and on lay the service skills, ability, dependability and qualifications of employees together with the Employerresults of any tests deemed by the Employer to be relevant shall be given consideration. If there is any choice to be made between two employees who are otherwise relatively equal, but before any the employee having the greater seniority shall receive the preference. In all instances, regular full time (Material Handlers, Maintenance and full-time split case) will be given first preference by seniority and then material processors. Recalls from lay off will be conducted by seniority if the employee is discharged for any failure to reportcapable of doing the job. Regardless of seniority, the Shop Chief Xxxxxxx must be notified. All seniority rights will be terminated for an the last employee who is laid off in excess of his recall rights as established by and the following scale: • seniority over ninety (90) calendar days and up first 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) yearsbe recalled. If at any time fewer employees shall be neededWhen the work force is reduced, employees shall will be laid off in the inverse order following order: material processor and regular full time. Permanent vacancies are defined as vacancies that are expected to or do last in excess 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 Employees within the bargaining unit shall have the opportunity to apply in the event a permanent vacancy in the bargaining unit occurs, subject to the criteria set out in article To facilitate such applications any such vacancy shall be posted for a period of two full clear working days. There will be given during such trial period, a maximum of three for a vacancy the original posting to fill the vacancy and if they fail the two subsequent for the vacancies created. Any further vacancy that occurs after the second subsequent posting may be filled by the Employer without posting. Should the successful applicant to perform in accordance with the employers requirements, they shall a posting 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 he shall be returned to his former position, which request will job and the vacancy may be given consideration by the Company. The Employer will advertise vacancies for fivefilled from other applicants if any are qualified without further posting.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's Seniority shall be defined as the length of service for within the purpose District as a member of determining the bargaining unit. Accumulation of seniority rights 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 the seniority list shall be deemed 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 GSSSA representative will be invited to commence on be present when lottery determination occurs. New employees shall be considered probationary employees until they have completed a probationary period of thirty (30) workdays. Upon satisfactory completion of the probationary period, seniority shall be retroactive to the first day of said employee's employment which continued for at least ninety (90) calendar dayswork. An employee voluntarily leaving For the service purpose of the Employer or an employee discharged for just cause shall lose this provision, 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 neededplaced 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, employees 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 laid off prepared and posted conspicuously in all buildings of 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 District within thirty (30) daysdays after the effective date of this Agreement with revisions and updates. Necessary job instruction 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 Board 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, resignation, or retirement; Discharge permanently for proper cause after receiving due process; Absent for three (3) consecutive days without notifying the immediate supervisor, unless satisfactory reason is provided; Seniority will be given during such trial period, and if they fail frozen as of the date an employee transfers to perform in accordance with the employers requirements, they 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 be returned frozen and shall not accrue when a person is on unpaid leave of longer than thirty consecutive (30) workdays. Bargaining unit members using donated days 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 replace unpaid leave will be given consideration by the Company. The Employer will advertise vacancies for fivestill constitute unpaid leave.

Appears in 1 contract

Samples: Agreement

SENIORITY. The Employee's length 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 for the purpose Corporation. For the purposes of determining promotion under Article seniority rights shall be deemed to commence prevail on an employer- basis and in the first day case of said employee's employment which continued for 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 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 of "Permanent Service" shall be given preference for a suitable equal two or lower paid vacant position for which the employee is qualified. The employee, after consultation with the Union, shall be treated in a similar manner to an employee to whom applies. In the event of a staff reduction, members of the Unit shall be removed from work in reverse order of seniority within the position clas- sification in the Department involved, and if and when work becomes available and provided not more than twelve (212) yearsmonths have elapsed from the date on which they were removed from work and they possess the necessary qualifications, such persons shall be recalled to work in order of their seniority within the position classification. Subject to clause a person shall continue to accumulate only seniority during any period of non-payment under the provisions of clause provided however that the right to accumulate seniority during such period under this clause shall not be considered to be sufficient to maintain an employee-employer relationship. An employee shall lose all seniority and service if: he voluntarily terminates his employment; • seniority over two (2) years and up he is discharged for reasonable cause: he fails to ten (10) years - recall rights equal four (4) years; • seniority over ten (10) years - recall rights equal report for work within five (5) years. If at working days from the date he recalled to work under the provisions of clause 21.03; he is absent without written notice to the Metropolitan Corporation in excess of seven (7) calendar days from the commen- cement of absence; he is not recalled to work within twelve (12) months of the date of his removalfrom work pursuant to clause Where a person has been removedfrom work pursuant to hereof, such person shall not be entitled to any time fewer employees 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 needed, employees suspended during the period and upon recall to work in accordance with clause such other accumulated benefits shall be laid off in the inverse order of their seniority considering also ability and competency for the job. When again commence as if 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 had been no removal from work. When A person in receipt of a benefit under the Employer again adds Long Term Disability Plan at the time of such removal from work shall continue 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 receive such 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 benefit in accordance with the employers requirementsterms of the In- surance Policy, they 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 returned entitled to their former position 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 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 collective agreement shall carry with them accrued seniority and standingbenefits as calculated, except that if defined and prescribedin the job collective agreement coveringthe Part-time unit in the Homes for the Aged. Where in an action, or by settlement of a claim arising out of an injury to which they have bid proves unsatisfactoryan employee who in of such injury has elected to claim com- pensation under the Metropolitan Corporation recovers damages from a third person, the employee, within fifteen Metropolitan Corporation may in its discretion pay such or any portion thereof to such employee or in the event of death to one (151) days from commencing new job, may request or more dependantssubject to be returned to his former position, which request will be given consideration the terms and conditions set out in of Executive Committee Report No. adopted by the CompanyMetropolitanCouncil on the 15thday of Decem- ber, Where an employee who is 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 judgement upon such claim, the amount of money equivalent to the value of such sick pay benefits, and upon his having made such reimbursement, his accumu- lated sick pay credits shall be 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 is off work and until such time as a ruling has been made by the Workers' Compensa- tion Board upon the employee's claim. The Employer will advertise vacancies for fivefull net pay of an employee shall be as determined by the Metropolitan Corporation by deducting from the employee's gross earnings,

Appears in 1 contract

Samples: Agreement

SENIORITY. The Employee's recognizethat job opportunity and security shall increase in to length of service 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 purpose of determining 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 rights to select among available openings or options. When employees have been laid off, they shall be deemed placed on a recall and when work is available they shall be recalled in order of seniority and with respect to commence on ability and willingness to perform the first day of said employee's employment which continued for at least ninety (90) calendar daysjob available. 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 will be considered equivalent 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 within the one hundred and twenty (120) day period his seniority shall date back to voluntarily leaving the service of date sixty (60)work- ing days within the Employer, but before any employee is discharged one hundred and twenty (120) day prior to the date on which he completed his probationary period. Seniority shall terminatewhen an employee: Voluntarily quits for any failure reason; Is discharged and is not reinstated throughthe grievance procedure or arbitration; Has been on layoff for a period equal to report, the Shop Xxxxxxx must be notified. All seniority rights will be terminated for an employee who is laid off in excess his to a maximum of his thirty (30) months; Failsto respond to recall rights as established by the following scale: • seniority over ninety within three (90) calendar 3)working 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 present himself within five (5) yearsdays. If at any time fewer employees Notification of recall will be by registered mail to the employee’s last address registered with the Company and a copy of such notice shall be neededsent to the Union; Fails to return to work immediately afterthe expiration of a leave of absence, employees 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. During emergency situations, including interferenceswith the Company operations, beyond the control of the Company which cause a layoff reasonably anticipated by the Company to last for a period not in excess of one (I) working day, the Company shall be have the right to waive the provisions of this Article. 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 lists will be revised every three (3) months and a copy of 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 list will be posted annually during on the month plant bulletin board. A copy 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 list will be given during such trial periodto the Union. Seniority as referred to in this Agreement shall mean service in the employ of the Company within the bargain- ing unit, and if they fail to perform provided that persons hired on the same day shall be listed in accordance with the employers requirements, they 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 returned mailed to their former position the area office of the Union. Such list shall contain the employee’sjob classification, current rate of pay 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 ’s latest address and telephone number on file with the Company. The Employer will advertise vacancies for five.

Appears in 1 contract

Samples: Agreement

SENIORITY. The Employee's length Company the principle of service for the purpose seniority. Seniority will govern subject to reasonable consideration of determining skill, efficiency and ability, in promotions, transfers, layoffs and recalls after layoffs. The present seniority rights list frozen as of July and in future date of hire shall be deemed to commence on the first day basis of said employee's employment which continued for at least ninety (90) calendar dayscalculating seniority. An employee voluntarily leaving who is on leave of absence on Union business shall accrue seniority while on such leave of absence. An employee who has accrued seniority and is then employed by the service Union shall retain such accrued seniority for a period not exceeding eleven months. Employment of the Employer or an any new 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 as probationary until he has worked thirty days within a six month period. Thereafter Article shall apply, and the employee shall be credited with thirty days of accrued seniority. Subject to voluntarily leaving the service memorandum of understanding senior- ity will be applied on a company-wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal a thereof. each of the Employeraffected will be to his and transfer to a for which he is that having Section advance n o t i c e accordance with he advises the Company, but before any prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of his desire to transfer to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, company-wide seniority will be applied only when operations continue in other camps for more than week, otherwise the camp will be the unit of application of seniority on seasonal layoffs. I n t r a n s f e r s from one job classification to another, senior employees shall receive first consideration. In such cases, an employee shall receive the rate for the to which he is discharged for any failure transferred. case of a temporary change to reporta lower job classification, the Shop Xxxxxxx must be notified. All seniority rights will be terminated for an employee who is laid off in excess retain the rate of his recall rights as established by previous job classification. determining the following scale: • seniority over ninety (90) calendar days and up rate of pay for pieceworkers transferred 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) yearsday work, the rate specified the Xxxxxx-Xxxxxx, Tree Length Skidding shall apply, or the rate of the job classifi- cation whichever is higher. If at any time fewer employees Employees accepting a job posting shall be neededremain in that for a minimum of three months from the date he filled the job vacancy unless being displaced from that job because of lay-off or bumping procedure. The Company, 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 when filling of advertised vacancies, will do so from within 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 unit 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 fiveArticle

Appears in 1 contract

Samples: Agreement

SENIORITY. The Employee's length 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 service for an employee as of April or the purpose of determining unit where the employee was subsequently first hired into, determines which seniority rights 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 deemed declared regular when he/she has accumulated hours worked since the date of his/her employment. Upon completion of his/her probationary period, the employee shall be 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 commence com- mence work on the first day same day, their position on the seniority list shall be based on the records of said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving the service order of the Employer 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 an reclassifications affecting the status of employees covered by the bargaining unit, and the Financial Secretary of hirings, terminations, recalls, and change of address, such advise shall be in written form. LOSS SENIORITY will becancelled for any of the following reasons: If he/she voluntarily quits his/her 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 discharged shall not lose his/her seniority for just cause shall lose all seniority rights. Failure being unable to report return to work for four successive and provided such submis- sion is by the company three working days without a reasonable excuse therefore shall be considered equivalent to voluntarily leaving from the service date of receipt of his/her recall notice. Iii this circumstance. 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 either 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 extra up to ten (10) years - or privilege of a second before the expiration of his/her recall rights equal four (4) years; • seniority over ten (10) years - rights. The Company shall grant such request wherever possible. Employees granted a second recall rights equal five (5) yearswill be placed at the bottom of the recall list. If at any time fewer employees shall be neededthe recall is of a temporary nature, 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 so notified. If the month of January. All positions must be filled by qualified employees employee elects to decline such a recall he/she will maintain his/her current position 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 periodrecall list, and if they fail to perform in accordance with not be placed at the employers requirements, they shall be returned to their former position and standing, except that if bottom of 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 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. The Employer will advertise vacancies If he/she is on layoff or absent due to sickness or accident for fivea 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. The EmployeeSeniority shall be defined as an employee's length of continuous full-time service for the purpose of determining seniority rights in a rank. Seniority shall be deemed retroactive to commence the date of appointment to a rank, upon successful completion of the applicable probationary period. If more than one appointment is made to a rank on the first day of said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving same day, the service of following shall apply: • If the Employer or appointments were made from an employee discharged for just cause shall lose all eligibility list, 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 the placement on the list. • If the appointments were not from an eligibility list, seniority (seniority number) considering also ability and competency for in 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 new rank shall be given a fair trial period 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. Necessary job instruction will 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 but shall be given during bridged in the case of an approved leave of up to one year, excluding any call to military service for the duration of such trial periodservice which shall count towards continuous service. In the event of a staff reduction due to the abolishment of positions within the police department, and if they fail to perform in accordance the employee(s) with the employers requirements, they least seniority in the rank of the position(s) to abolished shall be returned the first to their former be laid off in such that rank. The displaced employee may elect to displace the least senior employee in the immediate subordinate rank. An employee whose seniority does not allow for displacement to a subordinate rank shall be laid off. In the event of the abolishment of the rank of police officer, the employee with the least seniority in the rank of 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 and standing, except that from which laid-off or displaced. The employee shall be removed from the recall list if the job 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 which they have bid proves unsatisfactorymaintain 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 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 service with the Police Department shall be advanced one step on the above wage schedule. Effective July 1, within fifteen 2018, the annual wage rates shall be as follows: Rank/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 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. 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 not 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 (15GWI 2.05%) days from commencing new jobEffective July 1, may request to 2020, the annual wage rates shall be returned to his former positionas follows: Rank/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, which request will 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 given consideration by advanced one step on the Company. The Employer will advertise vacancies for fiveabove wage schedule NOTES

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. The Employee's length Except as provided for in Article seniority of service employees covered by this Agreement shall be 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 purpose classifications of determining Stationary Firemen and Engine Attendant at each terminal where such classifications exist. Main shops will be regarded as forming part of the seniority rights terminal at which they exist. Seniority lists shall be deemed 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 commence 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 first day date of said employee's 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 which continued for at least ninety (90) calendar daysover 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 voluntarily leaving presently filling or who may in the service future be promoted to an official or excepted position with the Railway will have his name continued on the seniority list of the Employer 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 discharged for just cause shall lose all will within thirty days after such release exercise his seniority rights. Failure in his seniority group and failing 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 Employerdo so will forfeit his seniority, but before any employee is discharged for any failure to report, the Shop Xxxxxxx must be notified. All seniority rights in which event his will be terminated for an 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 laid off 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 excess the employ of his recall rights 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 established by they are able to handle (subject to pension regulation age limits). Should an employee enter 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 service in the classification of stationary fireman, he shall be needed, employees 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 be laid off retain and continue to accumulate seniority in the inverse order of their classification or classifications from which promoted. An employee promoted to a higher classification by another collective agreement shall retain and continue to accumulate seniority considering also ability and competency in the classification or classifications in which such employee held seniority at the time promoted until such time as the employee has been employed in the higher classification covered by another collective agreement 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 workconsecutive years. When the Employer again adds twoconsecutiveyear period has elapsed, the employee shall immediately revert to the number labourer’s classification and assume his former seniority date on the labourer’s seniority list, except that such employee may, at the discretion of employeesthe proper officer of the Company, those laid off be permitted to remain in a classification covered by another collective agreement, in which event the employee shall forfeit all seniority rights under the collective agreement governing stationary firemen, oilers and shop labourers. The Chairman shall be re-employed in consulted when such promotions are made and shall be issued the order names of their employees reduced. Engine Attendants A separate seniority (seniority number) considering also ability and competency list will be maintained for the jobclassification of engine attendant at each seniority terminal where such classification exists. All jobs will be posted annually during An employee shall establish seniority as an engine attendant from 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 date assigned 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 regular engine attendant position unless removed from this classification in accordance with the employers requirements, they provisions of Article At seniority terminals where the classification of engine attendant existed on April seniority lists shall be returned prepared on the following basis: All employees who were filling regular positions of engine attendant on March shall be placed on the list according to their former 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 seniority terminal according to the date assigned to regular position of engine attendant. An employee assigned to a regular position of engine attendant from other than the ranks of labourer shall be granted a 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 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 right to displace the junior employee in the designated work area of his choice with the shift, days off, hours of work and standingrate of pay of his choice. Such employee affected shall be given, except that if 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 job to which they have bid proves unsatisfactoryapplication 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 employeeseniority terminal is defined as the point at which employed. Example: Angus Shops, the Diesel Shop Xxxx Yard would be recognized as separate points within fifteen (15) days from commencing new job, may request to the Montreal terminals. An employee with more than days' of cumulative service shall not be returned to his former position, which request will be discharged for any cause whatsoever without being given consideration by the Companya proper investigation. The Employer will advertise vacancies for fiveARTICLE

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. The Employee's length A regular employee shall be considered as such an employee of service the Railway when: he has his period. he makes himself available to the Rail- way for full time employment. Employ- ees not available for permanent employ- ment shall not accumulate seniority. he has no other outside employment except where such employment may he specifically permitted under provisions of this Agreement. It shall not be it cause discipline dis- charge an to seek and/or accept gainful employment while on provided the purpose employee complies with Clause of determining 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 deemed 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 commence 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 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 first day Security Agreement, exhaust his seniority on system. notified and returned to work in be of said employee's employment which continued Employees to themselves of this Rule must with proper Officer of the Procedure. In an is made, the duly accredited representative the employee shall be furnished, upon written request. the for at least ninety (90) the in writing. An assigned to a position by will receive a full explanation of duties of the position and must demonstrate his ability to perform the work within period thirty calendar days. An employee voluntarily leaving the service length of to he upon character 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 Failing tu demonstrate his ability to do work within the jobperiod allowed. The successful applicant he 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 positionposition 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, which request will exercise their seniority rights any during their OTHER discipline employees. He shall be given consideration by a member of the Company. The Employer will advertise vacancies for fiveUnion and entitled to provisions of the Collective Agreement, RULE

Appears in 1 contract

Samples: Collective Agreement

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SENIORITY. The Employee's length of service An employee, other than a student hired for the purpose vacation period, shall acquire seniority status after being in the employ of determining the Company for a 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 rights, notwithstanding the Company’s ability to implement the seven day lay-off without said employee’s seniority. Sufficiently qualified shall be deemed to commence 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 equally qualified preference shall be given to the best qualified. Qualifications acquired during the period 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, any addition to the 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 lines of progression) or, if there is no such classification available to the employee, the employee 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 restored upon if such termi- nation was due to lay-off, or the expiration of leave of absence for illness or accident, provided the lapse of time between the date of termination for such reasons and the date of does not exceed twelve months. When employment offers are made, former employees whose employment with the Company was terminated during the ‘ceding twelve months due to lay-off and who are qualified for the job or jobs able shall be offered employment on the first day basis 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 accumulated prior to report to work for four successive working days without a reasonable excuse therefore The Company shall be considered equivalent under no obligation to voluntarily leaving such a former employee unless said person has filed a current address and telephone number with the service of Company for this purpose, can be reached when the Employer, but before any employee opportunity for employ- ment arises and is discharged available 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 staffwhen required. In the filling event that a former employee fails to accept the Company may consider that said person no longer wishes to be The Company agrees to post seniority lists showing the seniority status of advertised vacancies, each employee and to furnish a copy of such lists to the Employer 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 Union or any employee. No change shall consider be made in the senior applicant seniority status of an employee without consultation 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 fiveUnion.

Appears in 1 contract

Samples: Agreement

SENIORITY. It is hereby agreed that each Local Union shall designate which retroactive seniority date (a. or b.) shall apply to their Customer Counter Clerks that were on the payroll as of November 19, 1998 (hereinafter “effected Customer Counter Clerks”). The Employee's length application of service this seniority date shall not be cause for a contract violation prior to or after the signing date of the Letter 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, 1998 shall have their seniority 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 worked upon gaining seniority. Seniority for 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 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 remainder 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. 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 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 bidding Article 22.3 full-time inside jobs 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 if displacement occurs these Customer Counter Clerks 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 allowed 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) yearsutilize their Company hire date. 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 fiveWAGES AND BENEFITS

Appears in 1 contract

Samples: d3n8a8pro7vhmx.cloudfront.net

SENIORITY. The Employee's Seniority for a permanent full-time employee who has completed the probationary period shall mean the length of continuous service since the employee’s most recent date of hire. When a permanent full-time employee has completed the probationary period the employee shall be credited with accrued seniority from the employee’s most recent date of hire as a permanent full-time, permanent part-time employee or contract employee provided there has been no break in employment. A permanent part-time employee who has completed the probationary period shall accrue seniority on a pro rata basis and shall be credited with one (1) year seniority for every hours worked. A permanent part-time employee may only accumulate one (1) year of seniority in one (1) calendar year. When a permanent part-time employee has completed the probationary period the employee shall be credited with accrued seniority from the employee’s most recent date of hire as a permanent part-time employee or contract employee provided there has been no break in employment. Seniority for casual, contract and sponsored employees who have completed the probationary period shall mean the number of hours worked for the Employer since the employee’s most recent date of hire calculated in the same manner as set out in Article Seniority for casual, contract and sponsored employees shall only be used for the purpose of determining giving consideration when a casual, contract or sponsored employee applies for a permanent full-time or permanent part-time position. Seniority Lists Upon signing of this Collective Agreement and annually thereafter the Employer shall post and deliver to the Union a separate seniority rights shall list for each of the following: permanent full-time employees; permanent part-time employees; and casual, contract and sponsored employees. No objection may be deemed taken by the Union or by any employee unless written notice of objection is given to commence on the Employer within thirty (30) working days after delivery to the Union and the posting of the seniority list in which the item first day of said employee's employment which continued appeared, provided, however, that the Employer may rely upon the seniority lists posted once they have been posted for at least ninety (90) calendar working 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 Where 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 or more employees shall be neededhave the same seniority, 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 preference 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 First Nation 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 fiveif any.

Appears in 1 contract

Samples: negotech.service.canada.ca

SENIORITY. (a) The Employeepurpose 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 length 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 service two years (2) from the date of layoff. Seniority shall be 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 seniority shall be the determining factor. In the event of a layoff, before laying off employees out of seniority order (after acquired) the Company will notify the Union. The Seniority lists for the Maintenance, City and Highway departments shall be prepared and posted separately, every three (3) months. Employees shall be considered probationary until placed on the 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 terminate such an employee for the purpose of determining forcing an additional probationary period. Upon completion of the sixtieth working day, the employee shall either be terminated or placed on the regular seniority rights 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 time spent in the supervisory position shall be deemed included in their seniority rating. Such employee shall forfeit any and all recourse to commence on the first day grievance procedure as outlined in this Agreement should subsequently be discharged in such a position beyond the jurisdiction of said this Agreement. This Article is to be applied only once for any employee during the term of this Agreement. An employee's employment which continued shall be terminated for at least ninety (90) calendar days. An any of the following reasons: If an employee voluntarily leaving the service of the Employer or quits; If 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 and is not reinstated pursuant to reportthe Grievance Procedure as provided in this Agreement; If an 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 is employed elsewhere, then the Shop Xxxxxxx must be notified. All seniority rights Company will notify the employee by registered mail to his last known address to return to work and he will be terminated allowed no more than seven (7) consecutive days from the date 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 who is absent from work without securing a leave of absence for more than three (3) consecutive working days; If an employee 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 not recalled 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 fiveextending beyond

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. (a) The Employee's company recognizes that seniority is an important factor to be considered along with the impor- tant factors of merit and ability in all moves, transfers, promotions, layoffs. reinstatements and recalls but when merit and ability are relatively equal as between employ- ees, then seniority is recognized as the prevailing factor in the making of a selection. Fundamentally, rules respecting seniori- ty are designed to to employees an equitable mea- sure of security based on length of service with the company and, in the event of a reduction of available work, the company shall retain at work the employees having the greatest amount of seniority, provided that these employees possess the qualifications required by the company for the efficient performance of the work available. Any employee who has basic seniority in one bargaining unit and who, as of December is on the active employment rolls of another bargaining unit or who subsequently is placed in to another bargaining unit under circumstances where does not seniority with shall, at first layoff thereafter in a layoff which appears to the company to be one which will exceed calendar days, have seniority deter- mined by whichever of the following then elects: Such employee may irrevocably waive seniority in basic bargaining unit and retain at the other bargaining unit hisher latest date-of-entry seniority, which will then become basic seniority (it being understood that such waiver will not break the employee’s “company seniority” for purposes of such plans as the vacation, jury duty pay, SUB or retirement plans where company, rather than office, seniority is taken into account): or Such employee may elect to return to hisher basic bargaining unit, in which event shall be placed in, or on the recall list of, basic seniority unit with full credit for seniority accumulated while work- ing in the other unit to be included in determining hisher seniority in such basic unit, and shall retain no seniority rights in any other bargaining unit. Any employee who does not elect above, in writing at the place designated the company within five calendar days after layoff shall be deemed to have elected In the event of a of available work in any classification the employee in such classificationon the seniority list concerned having the least amount of seniority shall be the employee affected by such reduction and and any employee displaced because of a trans- fer shall be retained at work consistent with hisher senior- ity in accordance with the following procedure provided in each case that the employee affected possesses the qualifi- cations required by the company for the efficient perfor- xxxxx of the work available: the employee affected shall be transferred to the classification which was in immediately prior to being transferred to present classification provided such prior classification was on the seniority list concerned, still exists on the seniority list concerned. and is not more than one salary class lower than present salary class; not entitled to transfer under section then shall be transferred to a position on seniority list one salary class lower than present salary class; if not entitled to transfer under section or then shall be transferred to a posi- tion on seniority list two salary classes lower than present salary class or in the next successively lower salary classes; if not entitled to transfer under section or then shall be to the position on seniority list occupied by the employee having the least amount of seniority. in the event that such reduction results in the layoff of an employee such layoff shall be made in accordance with section Provided that an employee under the provisions of sec- tions or who is displaced becauseof a reduction in staff and is offered a position which pays a rate of salary lower than that which the employee was receiving the time of displacement, shall have the option of accepting the work available to or being laid off. An employee so laid off shall designate to the company at the time of layoff, the minimum rate of salary to be for the purpose of determining seniority rights the open- ings for which the employee wishes to be consis- tent with section when an opening becomes available. The rate of salary so designated may be equal to. but shall not exceed the highest rate of salary received by such employee during the period of employ- ment in the bargaining unit. If the rate of salary to be offered for an that becomes available is less than the rate of salary so designated, the company shall not be required to notify shall be deemed recalled to commence on work, however, consistent with section when the first day rate of said employee's employment salary for an opening becomes available is equal to or greater than the minimum rate of salary so des- ignated by When such employee is offered a position for which continued for at least ninety (90) calendar days. An employee voluntarily leaving would receive a rate of salary which is equal to or greater than the service minimum rate of salary designated by must accept the Employer or an employee discharged for just cause tion offered otherwise shall lose all seniority rights. Failure have no fur- ther right to report to work for four successive working days without a reasonable excuse therefore recall and shall be considered equivalent to voluntarily leaving have resigned from the service company. In order to carry out the intent of this section the com- pany shall first terminate the employment of temporary employees and lay off probationary employees in the event of a reduction of available work, provided that employees with seniority possess the qualifications required by the company for the efficient performance of the Employer, but before any employee is discharged for any failure to report, the Shop Xxxxxxx must be notifiedwork available. All seniority rights will be terminated for an A probationary employee who is separated from the payroll of the company due to a in staff shall be informed at the time of separation whether is being 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 fiveor discharged.

Appears in 1 contract

Samples: Agreement

SENIORITY. The Employee's length of service for the purpose of determining seniority rights shall be deemed to commence on the first day of said employee's employment which continued for at least ninety (90) When an employee has completed three calendar days. An employee voluntarily leaving months in the service of the Employer Company 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 extended period mutually agreed upon by the following scale: • seniority over ninety (90) calendar days Union 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 requirementsManagement, they shall be returned granted seniority from date of hire. The Company shall maintain and post a seniority list every three months for all employees and this list shall be available to all employees for reference at any time during working hours. A copy of the said seniority list to be forwarded to the Union office. Length of continuous service with the Company shall be the determining factor governing lay-off and after lay-off for all employees hired on or before April For all employees hired after April layoffs shall be determined sepa- rately at each plant location (Main Plant and West End Plant) according to an employee’s plant seniority which shall mean the Length of an employee’s continuous service at the Plant. Employees to be laid off, or on lay off, from one plant shall be offered employment at the other plant if there is a vacancy or the other Plant is hiring. Employee’s shall be recalled in accordance with their former Company seniority to either Plant. Employee’s recalled to a plant other than the Plant where the layoff originated shall have the the option of accepting the employment or continuing on layoff until such time as they are recalled to the plant from which they were laid off. The seniority of employees who accept employment in a plant other than the plant where the lay off originated, shall be transferred to the plant in which they are now employed. As an exception to the above, lay off of employees in the maintenance, shipping or live hang classifications shall be determined by the length of continuous service with the Company of those employees in maintenance, shipping or live hang departments. By local arrangements between the Company and the Union, the names of employees to be laid off or recalled will be available to the Union on the same day the employees are notified or the day prior. A list of the names shall be forwarded to the Union within one working day of notification. Promotions shall be based on seniority, ability and merit. Ability and merit being equal, seniority shall prevail. In doubtful cases, the Company shall discuss the matter with the Union and shall allow the employee to qualify for a period not exceeding two months. . Promotions shall be defined as a transfer to a position paying a higher rate, and standing, except that if no employee shall be considered as being demoted unless they are transferred to a posi- tion paying a lower rate. Seniority will prevail when a higher job classification becomes vacant provided the employee can perform the job to which they have bid proves unsatisfactory, within thirty days. If the employee, employee cannot perform the job satisfactorily within fifteen (15) days from commencing new job, may request to the said period of time then the employee shall be returned to his the former positionjob without loss of seniority. However, which request will if the said period of time is in ques- tion it may be given consideration extended by mutual agreement between the Union and the Company. If an employee is absent from work because of sickness or accident they shall not lose seniority rights, and shall return to the position held prior to their absence when capable of performing his/her duties. It shall be the duty of each employee so absent to notify the Company of the reasons of the absence, and how long their absence will last. Where the employee fails to do so the Company may, at its’ discretion, request the employee to verify their absence. New employees will be on probation for a period of three calendar months or any extended period mutually agreed upon by the Union and the Employer during which time they may be laid-off without reference to seniority and the Company is under no obligation to such employees. The Employer will advertise vacancies termination of a probationary employee shall not be the subject of a grievance. All employees retained beyond the three calendar months probation period shall become regular employees and entitled to seniority in accordance to the length of service and entitled to all benefits under this Agreement and may be discharged only for fivejust cause. In the event that it is found that an employee is wrongfully fired, they shall not suffer any loss of seniority, if reinstated as an employee. Any employee with three or more months of service with the Company and is laid off, terminated, or terminates voluntarily and is rehired within one year, shall receive the rate of pay for the job classification as specified in Appendix A of this Agreement.

Appears in 1 contract

Samples: Purpose of Agreement

SENIORITY. The Employee's For the purpose of this Agreement and unless otherwise stipulated herein, “seniority” means the length of service for in the purpose of determining bargaining An employee acquires his seniority rights shall be deemed to commence effec- tive on the first day date on which he completes three months of said employee's employment which continued 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 at least ninety (90) calendar dayscause without having the right to grieve against such discharge. An employee voluntarily leaving the service of the Employer or Whenever an employee discharged 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 just cause 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 lose all have the right to exer- cise his acquired seniority rightsrights in the he held immediately prior to his transfer outside the bargain- ing if there is in such classification an employee with less seniority. Failure to report to work for four successive working days without a reasonable excuse therefore If there is no such employee with less senior- ity or if the classification no longer exists, he shall then 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 as displaced and may exercise his acquired se- niority 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 requirementspresent 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 shall were transferred to the bargaining unit, they would, for purposes of seniority, be returned to their former position and standingconsidered as new employees, except that if such employees, would have the job right to which displace probationary employees, whose work they have bid proves unsatisfactoryare qualified to perform. Notwithstanding any contrary provision herein, an employee with acquired seniority rights who is away from work on a leave 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, he xxxx automatically resume said unless he is unable to satisfy the employee, within fifteen (15) days from commencing new job, may request normal requirements of the work to be returned to performed within a reason- able delay; if this should happen the stipulations of para- graph or would apply. However, if during such absence changes in the person- nel of his former positionhave occurred through the applica- tion of the seniority provisions of this agreement, which request will he shah be given consideration by the Companyconsidered as being displaced unless there is an incum- bent with lower seniority in said classification. The Employer seniority list of all employees presently in the bargaining unit 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 same seniority date, their names will advertise vacancies for fiveappear on the seniority in order of the permanent punch card number taking into consideration article the employee having the lower permanent punch card number having the highest senior- ity and so on. An employee xxxx lose his seniority rights:

Appears in 1 contract

Samples: negotheque.travail.gc.ca

SENIORITY. The Employee's length A new employee will be considered a probationary employee until he has performed sixty (60) days of service work for the purpose Company. A day on which an employee performsfour (4) hours of determining seniority rights work or more shall be deemed to commence be one day worked for the purpose hereof. During the probationary period an employee will be entitled to no seniority and may be dismissed or laid off at the discretion of the Company. At the end of the probationary period the employee will be entered on the first day seniority list as of said employee's employment which continued for at least ninety (90) calendar daysthe 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 extent expressly provided in this Agreement. Subject to the provisions of this Agreement, seniority shall be by department and plant-wide. An employee voluntarily leaving with twelve 2) months or more of seniority who enters a department as a result of hiring, job bidding or a request for transfer, shall establish his seniority in the service department from the date of entry into such department and shall lose seniority in the department he has left. An employee's plant-wide seniority shall be and commence in accordance with the 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 Employer or an employee discharged for just cause plant including the lunch room and shall lose all contain the employees' name, number and seniority rightsdate. Failure to report to work for four successive working days without a reasonable excuse therefore Once per year the employees' classification shall be considered equivalent to voluntarily leaving set out. It is the service obligation of the Employer, but before Union and employees to bring any employee is discharged for any failure errors in such lists to reportthe 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 and in cases of decrease or increase of the working force in the plant, the Shop Xxxxxxx must be notified. All seniority rights will be terminated for an senior employee who is laid off qualifiedto performthe work required shall be selected, retained in excess of his recall rights employment, or recalled, as established by the following scale: • seniority over ninety (90) calendar days and up 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) years - recall rights equal two (2) years; • seniority over two (2) years and up days to ten (10) years - recall rights equal four (4) years; • seniority over ten (10) years - recall rights equal five (5) yearsattempt to resolvethe dispute before a grievance is launched. If at any time fewer employees "Permanent vacancy" as used in this Agreement, shall be neededdeemed to mean a vacancy which the Company desires to fill and which arises as a result of: the death, employees shall be laid off in the inverse order discharge, promotion out 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 , retirement or quit 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 an employee, within fifteen (15) days from commencing or the creation of a new job, may request to be returned to his former position, which request will be given consideration bargaining unit job by the Company. The Employer will advertise vacancies for five, or any other job which the Company requires to be done on a full-time basis.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's Seniority shall be defined as the worker’s length of continuous service for with the purpose Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of determining the probationary period, the worker’s seniority rights shall be deemed retroactive to commence on the their first day of said employee's work in the bargaining unit position, and shall accrue during his/her continuous employment which continued with the Employer within the bargaining unit covered by this Agreement. Seniority shall accrue and not be lost during a worker’s paid time off (PTO), union leave and during any paid leave of absence. 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 at least ninety (90) calendar days. An employee voluntarily leaving the service any of the Employer or an employee discharged for just cause shall lose all seniority rights. following reasons: • Voluntary quit; • Discharge; • Failure to report to work for four successive working after a Layoff, within three (3) days without a reasonable excuse therefore shall be considered equivalent to voluntarily leaving the service after receipt 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 written notice of his recall rights as established sent by the following scale: • seniority over ninety (90) calendar days and up Employer to two (2) years - recall rights equal two (2) years; • seniority over two (2) years and up to the worker at his/her last address of record on file with the Employer or ten (10) years - days after written notice of recall rights equal is sent to the address that was last provided by the worker; • Layoff which either extends (a) in excess of twenty-four (424) yearsconsecutive months, or (b) for the period of the worker’s length of service, whichever is 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 over ten (10) years - recall rights equal five (5) years. If at is lost for any time fewer employees of the reasons outlined above 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 considered as far as possible to arrange the work schedules so that the senior a new employee shall have forty (40) hours work. When if the Employer again adds employs him or her. The failure of the Employer to rehire said worker after the loss of seniority shall not be subject to the number grievance and arbitration provisions 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 fivethis Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. The Employee's length of service Bargaining unit members shall earn one seniority credit for each semester covered by an appointment for which the member taught. Any such teaching done during a Fall or Spring semester shall be eligible for the purpose of determining seniority rights credit. Seniority credit is accumulated for the purposes of accumulating credit toward eligibility for longer term contracts and course appointments. Instruction during summer sessions shall be deemed excluded in determining the seniority credit. Beginning in academic year 2020 – 2021, any post-probation bargaining employee who has a break in service as defined in Article II, will be considered a new employee upon return to commence teaching at the University, and will be required to serve a new probation period, and be subject to dues checkoff. Any bargaining unit member who does not teach for two consecutive Academic Years following his/her last full-time or part-time teaching assignment at the University shall no longer be considered a unit member. If a post-probationary bargaining unit member resigns their position but subsequently chooses to return, at any time, to a part-time teaching assignment which would again place them in the bargaining unit, they will be considered a new bargaining unit member and required to serve a new probation, and they will be subject to dues checkoff. If such an individual is reemployed, that person will have the status of a new employee for the purpose of seniority. Anyone on an approved leave of absence shall have his/her seniority frozen for the first day of said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving the service duration of the Employer leave. Seniority shall also be broken if a bargaining unit member resigns, or is terminated for cause or turns down an employee discharged for just cause shall lose all seniority rightsoffer of employment and does not teach. Failure to report to work for four successive working days without a reasonable excuse therefore Seniority credit shall be considered equivalent provided from employment records on hand in the University PeopleSoft system beginning with employment from July 1, 2000. Bargaining unit members hired into teaching assignments at Syracuse University prior to voluntarily leaving July 1, 2000 will be provided six (6) seniority credits for every year of continuous University service prior to 2000. The University will use the appropriate date that best reflects teaching time to determine service prior to July 1, 2000, if any. For the period between July 1, 2000 and May 31, 2011, seniority credits were determined by the number of the Employer, but before any employee is discharged for any failure to report, the Shop Xxxxxxx must be notifiedcredit hours taught. All seniority rights credits earned prior to May 31, 2011, shall be maintained in the individual’s seniority credit accumulation. Bargaining unit members shall have the right to review their seniority credit accumulation when additional seniority credits have been accrued. Except as otherwise provided herein and subject to the terms of this Agreement, the University reserves the right to make all decisions regarding course assignments and appointments, including the addition of new part-time faculty. In the absence of any other appointment option, as defined by Article VII – Faculty Appointments, and in the event school, college, department or program leadership decides to offer a new open section to part-time faculty, the University will follow the following process: A report detailing the current open part time faculty positions, including the job number, title and posting period 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 sent 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 jobUnion President once per week. All jobs Each open position will be posted annually during on 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 Syracuse University online job posting website for seven (307) days. Necessary job instruction Bargaining Unit members interested in teaching any new course offering and/or open section being offered to part-time faculty may submit an application via the online posting process within the posting period. Unless otherwise assigned individuals covered under Article VII - Faculty Appointments, bargaining unit members who are teaching or who have taught the course 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 fiveconsidered first.

Appears in 1 contract

Samples: Agreement

SENIORITY. The Xxxxxxx seniority shall be defined as an Employee's ’s length of service for continuous employment, from the purpose Employee’s original start date with the College this includes 9,10, 11 and 12 month Employees. Any temporary employee who becomes a member of determining the bargaining unit will be credited with their temporary work in the calculation of their benefits and seniority. Part-time temporary work will be pro- rated in calculating that seniority. However, any temporary employee who becomes a member of the bargaining unit will still have to serve an Introductory Evaluation Period but can put in a request to their supervisor to have it waived after 60 days. Student employment is excluded from the calculation of seniority. If two or more Employees have the same starting date of employment, and in any case where seniority rights is a factor pursuant to this Agreement, the relative seniority between such Employees will be determined by the drawing of lots. Seniority shall continue to accrue during any approved paid leaves of absence, or any approved unpaid leave of absence of twelve (12) weeks or less associated with the Family Medical Leave Act or comparable state law provision. When an Employee is laid off, the Employee’s seniority shall not be deemed lost during the period of layoff, but it shall no longer accrue during the layoff period. An Employee who has been laid off and returns to commence the bargaining unit within one year from the date of the layoff shall have their seniority restored to what it was on the first day of said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving the service date of the Employer or an employee discharged for just cause shall lose all seniority rightslayoff. Failure to report to work for four successive working days without a reasonable excuse therefore shall be considered equivalent to voluntarily leaving the service Loss of the Employer, but before any employee is discharged for any failure to report, the Shop Xxxxxxx must be notified. All seniority rights Seniority – Seniority will be terminated for lost when 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 fiveEmployee:

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. The Employee's length of service for For the purpose purposes of determining a seniority rights date, an employee’s aggregate paid hours will be converted by using the following formula: two thousand and eighty (2,080) paid hours equals one ( I) year. An employee’s seniority shall be deemed calculated from initial date of hire, provided is not absent from work for any period exceeding twelve (12) continuous months for reasons other than illness, injury, layoff or an approved leave of absence. If has been so absent, seniority shall accumulate from last date of hire. Notwithstanding the foregoing sub-clause, as of May all employees who were previously covered by a Collective Agreement shall have placed to commence their credit such seniority as they had accumulated in accordance with the terms of their predecessor collective agreements. Following the aforementioned effective date, employees shall continue to accrue seniority in accordance with the terms of this Collective Agreement. Notwithstanding clause as of May all employees who were not covered by a predecessor Collective Agreement shall have placed to their credit seniority in accordance with Section or of the Public Sector Labour Relations Transition Act, Schedule. which shall be calculated from their first date of hire with their predecessor employer unless they lost seniority in accordance with clause in which case it shall be calculated from their subsequent date of hire. Following the aforementioned effective date, employees shall continue to accrue seniority in accordance with the terms of this Collective Agreement. Notwithstanding Clause as of May all employees who were covered by a predecessor Collective Agreement and who are not excluded from the Unit B bargaining unit in accordance with Clarity Note in Article (Recognition) shall have placed to their credit such seniority as they had accumulated in accordance with the terms of their predecessor Collective Agreements. Following the aforementioned effective date, employees shall continue to accrue seniority in accordance with the terms of this Collective Agreement. As soon as possible following the ratification of this Collective Agreement, the City shall, for each employee (other than new hires or employees previously notified) coming within the Unit B bargaining unit, establish such employee’s seniority, and notify in writing of such. A complaint concerning the accuracy of an employee’s seniority shall be considered if submitted within sixty (60) working days of the employee’s receipt of the notice of seniority. As soon as possible, the City shall notify employees on the first day their pay stubs of said employee's employment which continued their accumulated hours for at least ninety (90) calendar daysseniority purposes. Loss of An employee voluntarily leaving the service of the Employer or an employee discharged for just cause shall lose all seniority rights. Failure and service if, Seniority Lists voluntarily terminates employment subject to report the right 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 rescind in clause 12.05; is discharged for any failure reasonable cause; fails to report, report for scheduled work within ten working days from the Shop Xxxxxxx must be notified. All seniority rights will be terminated for an employee who date is laid off in excess recalled to work under the provisions of his recall rights as established by the following scale: • seniority over ninety (90) calendar days and up Article 12.04; is not recalled to two (2) years - recall rights equal two (2) years; • seniority over two (2) years and up to ten (10) years - recall rights equal work within twenty-four (424) yearsmonths of the date of removal from work pursuant to the staff reduction article; • 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 does not sufficient work for forty any period exceeding twelve (4012) hours continuous months 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 reasons other than illness, injury, layoff or approved leave 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 fiveabsence;

Appears in 1 contract

Samples: negotheque.travail.gc.ca

SENIORITY. The Employee's length of service for the purpose of determining seniority rights Seniority 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 separate as established by the following scale: • seniority over ninety (90) calendar days and up to between two (2) years - recall rights equal two groups; Journeymen and Apprentices shall constitute one (21) years; • seniority over two group, and Meat Wrappers shall constitute the second (22nd) years and up to ten (10) years - recall rights equal four (4) years; • seniority over ten (10) years - recall rights equal five (5) yearsgroup. If at any time fewer employees Apprentices, when they have completed their training, shall be neededgiven their seniority as Journeymen, employees 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 length of 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 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 in shall be the inverse order first rehired. A reduction of their seniority considering also ability and competency for the job. When there is not sufficient an em­ ployee’s work for schedule below forty (40) hours per week shall be considered a partial layoff. A full-time employee who is unavailable for reasons of his own convenience, even though he accepts part-time 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 effective date of this Agreement and all part-time employees the Employer agrees as far as possible to arrange the who thereafter work schedules so that the senior employee an average of twenty- five (25) hours per week during any four (4) consecutive week period shall have forty seniority within the individual store. The employee’s seniority date shall be the begin­ ning of the four (404) hours workweek qualification period. When Seniority shall apply to layoffs and rehire. The last em­ ployee hired shall be first laid off, and the Employer again adds to the number of employees, those last employee laid off shall be rethe first rehired. A reduction of an em­ ployee’s work schedule below twenty-employed 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 (seniority number) considering also ability and competency for the job. All jobs will be posted annually during the month so that no junior part- time employee shall receive more hours of January. All positions must be filled by qualified employees on staffemployment than a senior part-time employee. In the filling event there is a violation of advertised vacanciesseniority relating to the number of hours scheduled, the Employer shall consider correct such violation by re-scheduling during the senior applicant 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 lose seniority. Preference for full-time employment: All part-time employees with the competence exception of those whose work is limited to bagging, carrying out and clean­ ing, shall have the option of notifying the Company and the ability Union in writing within ten (10) days of the execu­ tion of this Agreement of their desire to do obtain full-time employment. Employees who so notify the job. The successful applicant Company and the Union shall be given a fair trial period of up to thirty (30) dayspreference for full-time employ­ ment if qualified for an available opening by past expe­ rience. Necessary job instruction will Part-time employees with seniority as defined herein shall be given during such trial period, and if they fail to perform in accordance with perference throughout the employers requirements, they operations of the Employer covered by this Agreement. Part-time employees without seniority shall be returned to their former position and standing, except that if given such preference within the job to store in which they have bid proves unsatisfactory, are employed. Any employee who notifies the employee, within fifteen (15) days from commencing new job, may request Company and the Union of his desire to obtain full-time employment who later refuses such an opportunity when offered to him shall be returned subject to his former position, which request will be given consideration by the Companydismissal. The Employer will advertise vacancies for A part-time employee who works less than twenty-five

Appears in 1 contract

Samples: digitalcommons.ilr.cornell.edu

SENIORITY. The Employee's Newly hired employees shall serve a proba- tionary period of forty-five (45) actual days worked in an eighteen (18) week period. Upon completion of the probationary period, a new employee shall have his seniority dated back forty-five (45) working days. Seniority shall mean ,an employee’s length of service for with the purpose Company completion 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 dayspro- bationary period. An employee voluntarily leaving shall 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 service 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 subject to the Union’s right to file a grievance. An employee must achieve 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 job standard in 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 given occupation within two (2) working days in order to remain in that occupation. Those employees with or more years - recall of seniority will be given five (5) working days to achieve of the job standard in a 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 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 forty-five (45) days worked. When recalling employees to work after a lay- off, 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 service will e recalled first. Before new employees are hired, consideration shall be given to the of employees who are on layoff and are still subject to recall, provided 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 and shall revise said list at (6) month periods throughout the Contract year. One copy of 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 rights equal under this Agreement and be considered as a new employee if he voluntarily leaves his employment with the Company; or if 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 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 Union. In the 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) years; • seniority over two job in a six (26) years month period. The Union is to receive the name of the successful candidate and up to ten (10) years - recall rights equal four (4) years; • seniority over ten (10) years - recall rights equal five (5) yearshis classification. If at any time fewer employees shall be needed, employees shall be laid off A vacancy 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 a permanent job may 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 temporarily for a fair trial total period of up to not exceeding thirty (30) dayscalendar days while the posting is being filled. Necessary job instruction It is understood and agreed that the Company has the right to reassign employees to suit operating requirements. Where a reassignment is necessary, the Company will reassign the most junior qualified employee first and 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 pay, the employee shall receive the higher rate of pay. The company and the Union agree that em- ployees who leave the bargaining unit to take employ- ment with the Company outside the bargaining unit, will be given during such trial period, and if they fail to perform treated 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 fivefollowing manner:

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's length Fundamentally, rules respecting seniority are designed to give employees an equitable measure of security based on continuous service for with the purpose of determining seniority rights Company in the bargaining unit. There shall be deemed to commence a probationary period for each new employee of five worked days after which the employee shall be placed on the first day seniority list dating back to date of said employee's employment which continued for at least ninety (90) calendar dayshire. An A probationary 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 may be considered equivalent to voluntarily leaving the service of the Employer, but before any employee is discharged for any failure reason satisfactory to reportthe 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 Shop Xxxxxxx must be notifiedemployee from said job may exercise his seniority rights, by displacing the least senior full-time employee, or the least senior part-time employee in the same or lower classification whose job he is able and willing to satisfactorily perform. All seniority rights will be terminated for The person so displaced may exercise the same right. Notwithstanding (a) and above, an employee who is laid off 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 excess accordance with There shall be only one Chief Xxxxxxx who shall have at least one year of his recall rights as established by service with the following scale: • Company, and such Chief Xxxxxxx will have top 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) yearsall other employees during his term of office. If at any time fewer employees shall be needed, employees shall be laid off This applies in the inverse order case of their seniority considering also ability and competency for the joboffs only. When there is not sufficient work a vacancy, the Company shall post a request for forty (40) hours applications for all employees the Employer agrees as far as possible said vacancy on its bulletin boards for a period of four days. Employees entitled to arrange apply for the work schedules vacancy must do so that in four days of the senior employee date of posting in order to have their application considered. Applications shall have forty (40) hours work. When be in writing in duplicate, one copy to be turned into the Employer again adds Company and one copy to the number of employees, those laid off shall 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 re-employed in considered for the order position on the basis of their seniority (seniority number) considering also ability seniority, knowledge, skill and competency for ability. If 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 vacancieslast three factors are relatively equal, the Employer shall consider the most senior applicant with the competence and the ability to do the job. The successful applicant shall be given 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 fair trial period vacancy temporarily until the above mentioned procedure is completed which shall be done within fifteen working days of up the initial posting referred to thirty (30) daysin In addition, the Company need not post temporary vacancies which are caused by illness, accidents, vacations or leaves of absence including maternity leave. Necessary job instruction will Such vacancies may be given during such trial 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 does not prove satisfactory in a position to which he has been promoted within thirty days worked of his promotion, he shall be returned to his previous job and if they fail to perform in accordance with the employers requirements, they any other employees affected by his return 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 Companyjobs. The Employer will advertise vacancies Chief Shop Xxxxxxx shall be notified of the name of the successful candidate. An employee shall lose his seniority standing and his name shall be removed from all seniority lists and he shall be deemed to have quit for fiveany one of the following reasons: If an employee quits, and an employee shall be deemed to have quit when he has given his notice in writing or, on failure to give written notice within two days he shall be deemed to have quit.

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. The Employee's length of service for the purpose of determining seniority rights Seniority shall be deemed to commence on determined by the first day amount of said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving the net credited service of any employee. In 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 event any employee is properly discharged for any failure to report(with Just Cause), or resigns their position, they shall forfeit their seniority immediately, and in all other cases, seniority shall terminate at the Shop Xxxxxxx must be notified. All seniority rights will be terminated for an employee who is laid end of one (1) year after lay off in excess of his recall rights as established by the following scale: • seniority over ninety (90) calendar days and up to or two (2) years - recall rights equal 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 seniority. When employees have been laid off because of lack of work and are later re-employed, such lay-off shall in no way change their seniority on the seniority list. Seniority shall prevail in matters affecting the assignment of hours on work schedules, vacations, lay-offs, and re-hiring after lay-offs, insofar as service requirements will permit. When positions are filled, seniority shall govern provided the employee, in the opinion of management, possesses the capabilities and qualifications necessary to perform the work. Part-time employees may exercise their seniority after full-time employees have exercised their seniority. When a newly created position or vacancy occurs in the Cooperative, which is within the bargaining unit, the Cooperative shall inform all employees by email to their WRT work issued accounts. Such notices shall be posted at least seven (7) 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 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) years; • seniority over two (2) years and up or more employees starting 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 work for the Cooperative on the same date, then the older in age shall be neededdeemed 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 the inverse 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 all re-employment job openings covered by seniority as set forth herein, so long as their accumulated seniority considering also ability and competency 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. 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 Communications sent to the number address of employeesthe former employee as shown on the records of the Cooperative, those laid off shall be re-employed in the order of their seniority (seniority number) considering also ability and competency for the jobconstitute proper notification. All jobs The Union will be posted annually during the month informed immediately 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 joball such notifications. The successful applicant Cooperative shall be given a fair trial period of up to give thirty (30) days. Necessary job instruction will be given during such trial period’ notice prior to lay-offs, and if they fail notice to perform in accordance with the employers requirementsan employee who, they shall be returned to their former position and standingbecause of force reduction, except that if the job to which they have bid proves unsatisfactory, the employee, within fifteen (15) days from commencing new job, may request is to be returned assigned to his former position, which request will be given consideration by the Company. The Employer will advertise vacancies for fivea lower job classification.

Appears in 1 contract

Samples: Agreement

SENIORITY. The Employee's Seniority is the length of service with the Company within the bargaining 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. A copy of the seniority list shall be forwarded to the Union, and shall also be 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 grievance 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 who has been laid off will retain seniority and 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 available for 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 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 determining training and/or relieving permanent Officers, shall retain their unlicensed seniority rights 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 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 be deemed only continue for a period of three years from the date of his initial f u l l time position, following this, he shall have no further claim 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 notifiedUnlicensed seniority. 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 new employees shall be needed, employees appointed subject to a probationary period of hours. Any subsequent appointments shall be laid off in subject to probationary periods of hours; however, the inverse order of their seniority considering also ability and competency for the job. When probationary rate shall be applied once per employee provided 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 no break 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 fiveservice.

Appears in 1 contract

Samples: negotheque.travail.gc.ca

SENIORITY. The Employee's length Section As far as accumulation of service for seniority is concerned prior to the purpose date of determining this Agreement, seniority rights shall be deemed to commence on as presently recorded by the first day of said employee's employment which continued for at least ninety (90) calendar daysCompany. An employee voluntarily leaving the service section New employees 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 plant shall be considered equivalent to voluntarily leaving as probationary employees for 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 first 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) yearsof their employment, except as provided in subsection below. If at any time fewer employees The ninety calendar day probationary period shall be needed, accumulative over twelve consecutive months. After employees shall be laid off in have finished 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 probationary period, and if they fail to perform in accordance with the employers requirements, they shall be returned entered on the respective seniority lists of their respective classifications and shall rank for seniority from the date ninety calendar days prior to the date upon which seniority is attained, and seniority shall be 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 former position employment. They shall not accumulate time toward the of the probationary period unless and standing, except until their employment status is changed from that if the job of a vacation replacement to which they have bid proves unsatisfactorythat of a new employee under subsection If a new employee’s status is changed to permanent, the employee, within fifteen (15) days from commencing new job, may request to be returned to his former position, which request ’s time worked will be given consideration 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: 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 Company unless the employee furnishes satisfactory reasons for such failure; If the employee is not called upon to perform work for the Company for a period of sixty consecutive months, or 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 Employer Company will advertise vacancies accept as a satisfactory reason under Section and for fiveabsence up to one hundred and eighty days an employee’s conviction for an offence arising out of the 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 transferred to the shift on which the employee worked immediately prior to transfer from the unit and 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. Section Notwithstanding their seniority status Plant Committeepersons shall in the event of a be retained returned to work when is available in the plant, provided they are able and willing to satisfactorily perform the work being done at the time.

Appears in 1 contract

Samples: Memorandum of Agreement

SENIORITY. The Employee's length Each Employee shall be considered to be a probationary Employee for the first sixty (60) calendar days. Probationary Employees may be dismissed or otherwise terminated by the employer and dismissal or termination shall not be subject to the grievance and/or arbitration provisions of service this Agreement. Seniority is defined for the purpose of determining the Agreement as the length of continuous service of any Employee with the Employer after successful completion of the probationary period, after which date the Employee shall have seniority rights shall be deemed to commence on from the first day of said employee's employment worked. When several Employees have the same seniority date, they shall rank among themselves on the seniority roster in the order in which continued for at least ninety (90) calendar daystheir Employee numbers were assigned. An employee voluntarily leaving Clock numbers shall be assigned on a first day worked basis. When two Employees are assigned a clock number on the service same, seniority shall be assigned in alphabetical order by first letter of the Employer or an employee discharged for just cause shall lose last name. A seniority roster will be numbered and posted on all bulletin boards. A copy of such will be sent to the Union. The seniority rights. Failure to report to work for four successive working days without a reasonable excuse therefore roster shall be considered equivalent challengeable for a period of thirty (30) days after posting are made available. Where a seniority date has existed on a previously posted roster, it is challengeable only if the names, dates of roster positions rate incorrectly transferred from one list to voluntarily leaving the other. This shall apply to shift or job change only. There shall be no time limit in the result of a lay-off. Seniority among full-time Employees will be based on their length of service of in the Employer, but before any employee is discharged for any failure to report, the Shop Xxxxxxx must be notifiedfull-time classification. All seniority rights will for Employees shall be terminated for an employee who is laid off in excess lost if any 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 fiveoccur:

Appears in 1 contract

Samples: Articles of Agreement

SENIORITY. The Employee's length of service for the purpose of determining New employees will be considered as probationary employees until they have worked a three month probationary period within any twelve month period. Probationary employ- ees shall have no seniority rights but, after completing the proba- tionary period, their seniority shall be deemed dated back to commence on the first day date of said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving the service commencement of the Employer or probationary period. Periods of absence from work during which senior- ity is not broken in accordance with shall not affect an employee’s seniority. Seniority shall be applied on a Bargaining Unit basis. Seniority lists showing employees’ names, job titles, and where applicable, classifications, shall be posted on bulletin boards and revised every six months. A copy of the seniority list will also be supplied to the Bargaining Unit. Protests in regard to seniority standing must be submitted in writing within sixty days from the date when the seniority lists are posted. When proof of error is presented by an employee or the grievance com- mittee such error will be corrected. Seniority shall be lost if an employee: Voluntarily leaves the employ of the Company; Is discharged for just cause shall lose all seniority rights. Failure and is not reinstated pursuant to report to work the provisions of this agreement; Is absent for four successive three consecutive working days without a reasonable excuse therefore shall be considered equivalent to voluntarily leaving notifying the service Company of the Employerreason for such absence, but before any employee and if upon such notice the em- ployee does not have a justifiable reason for his absence; Fails to return to work after lay off within five working days after notification from the Company by registered mail to his last known address unless it is discharged for any shown that such failure to report, has been caused by circumstances beyond the Shop Xxxxxxx must be notified. All seniority rights will be terminated for an employee who is laid employee’s control; Is on lay off in excess of his recall rights as established by length of service but in no case will it exceed four years. For the purposes of Article IX, 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 IX, Section “loca- tion” shall mean the plant, branch or division office at or out of which the employee works. Lay offs and recalls shall occur in the manner hereinafter set forth, provided that there are avail- able senior employees who are sufficiently quali- fied, willing and able to do the work required. In the event lay offs are required, 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 procedure shall be needed, employees followed: all Temporary Employees and Construction Labour Pool 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 fivefirst;

Appears in 1 contract

Samples: Agreement

SENIORITY. The Employee's length (a) Upon completion of service for forty-five (45) working days continuous employment with the purpose of determining seniority rights Company, an employee shall be deemed to commence seniority employee and his name shall be placed on the first day of said employee's employment which continued for at least ninety (90) calendar daysseniority lists. In this case, his seniority shall date back to his hiring date. An employee voluntarily leaving 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 service 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 Employer Human Rights Code or any other applicable Statute. For purposes of this paragraph only a working day shall be defined as the successful completion of 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 address and telephone number of the employee will be supplied to the Union within the next pay period. A seniority employee may exercise seniority on a bargaining unit wide basis in accordance with the provisions outlined in this Agreement. Up to date Seniority Lists shall be 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: If quits; If he is discharged and the discharge is not reversed: If is absent from work for just cause shall lose all seniority rights. Failure 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 satisfactory reason for doing so; If he fails to report to work for four successive within five (5) working days without following the mailing of recall notice to his last listed address with the Company by registered mail or telegram. Notice will be given to the 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 reasonable excuse therefore shall be considered equivalent Committeeperson, his intention of not returning to voluntarily leaving the service of the Employerwork, but before any employee is discharged for any failure to report, the Shop Xxxxxxx must be notified. All his seniority rights will be terminated for an employee who is laid off in excess and confirmation of his recall rights as established this action will be sent to him by registered mail. This action may be waived by the following scaleCompany in case of a disabling illness; If the employee: • seniority over ninety Who has less than six (906) 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 neededmonths of seniority, employees shall be laid off in the inverse order of their seniority considering also ability and competency is on layoff 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 continuous 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 more than his accrued seniority at 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 fivedate of layoff; Who has less than one year of seniority but more than six

Appears in 1 contract

Samples: Agreement

SENIORITY. The Employee's length Company will maintain a seniority roster for all Employees who are not disabled and are not under JWOD. These Employees shall operate under a "last hired, first fired" seniority roster. It is expressly understood and agreed between the Company and the Union that seniority rights of service the non-disabled employees shall not 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 determining establishing seniority rights shall be deemed to commence on list for Employees in the first day of said employee's employment which continued for unit at least ninety (90) calendar days. An employee voluntarily leaving the service time 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 signing of the Employer, but before any employee is discharged for any failure to report, the Shop Xxxxxxx must be notifiedAgreement. All The seniority rights list will be terminated for an employee who is laid off in excess based upon official records 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 neededUnion, employees shall be laid off in of 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 periodCompany, and if they fail to perform in accordance with the employers requirements, they shall be returned to their former position state and standing, except that if the job to which they have bid proves unsatisfactory, the employee, within federal agencies. Not later than fifteen (15) days from commencing new jobprior to the expiration of the Company's vendor contract covering any facility, may request to be returned to his former position, which request will be given consideration 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 Employer 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 layoffsshall beon thebasis of seniority, the least senior in inverse order will advertise vacancies 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 fivewhich they are qualified. For purposes of one's placement on the seniority lists, and otherwise, the following shall be considered, but shall be subordinate to the Employer's commitment to persons with disabilities:

Appears in 1 contract

Samples: Collective Bargaining Agreement

SENIORITY. The Employee's Seniority is the principle of granting preference to employees in accordance with the length of continuous service for with the purpose Employer. Seniority shall not accrue during lay-off with the exception of determining cafeteria employees who will accrue seniority during the school shut down periods. New employees shall serve a probationary period of sixty days worked before acquiring seniority rights which shall then date back to their respective date of starting to work in the bargaining unit. 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 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/her 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 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 commence on the first day of said employee's employment which continued for at least ninety (90) calendar days. An employee be terminated: if 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 quits; if is discharged for any failure cause and not reinstated through the Grievance Procedure; if fails to report, the Shop Xxxxxxx must be notified. All seniority rights will be terminated report for an employee who is laid duty after a lay-off in excess or leave 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 absence in accordance with the employers requirements, they 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 returned notified by registered mail or telegram and allowed five working days to their former position report for work and, in the meantime, if an employee is recalled and standingis not immediately available for work, except that other employees in seniority standing shall be recalled, but shall be temporarily employed until the senior employee reports within the 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 which keep the Employer notified as to changes of address and their telephone numbers so that they have bid proves unsatisfactorywill 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, will retain their seniority after promotion and, if transferred back into the bargaining unit, the time served in the supervisory position shall be included in their seniority standing up to a maximum of six months. Any such employee returning to the bargaining unit shall not displace any employee with greater seniority. Where the Employer is aware that a lay-off will take place, it will give five working days’ notice of the lay-off to those persons affected and to the Union, unless the work assignment does not exceed five working days. The Union shall be informed in writing of employees recalled for five working days or less. The above notices of lay-off and recall shall not apply to cafeteria employees who have a known work schedule for the complete school year (September to June). The work schedule shall encompass the school year as provided in the Education Act as amended from time to time, less the days designated as Professional Development/Activity days, and the days designated as examination days where the employee, within fifteen (15) days from commencing new job, ’s services may request to not be returned to his former position, which request will be given consideration by the Companyrequired. The Employer will advertise vacancies for fiveendeavour to give adequate notice to employees required to work on Professional Development/Activity days, and days designated as examination days.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's length of service for Company and the purpose of determining Union agree that seniority rights shall prevail on a plant-wide basis. A seniority list shall be deemed to commence on the first day of said employee's employment which continued for at least ninety posted every six (906) calendar daysmonths. 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 The Union shall be considered equivalent to voluntarily leaving the service with a copy of the Employer, but before any employee is discharged for any failure to report, the Shop Xxxxxxx must be notifiedsuch seniority lists. 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 New employees shall be neededregarded as probationary employees and establish seniority after forty-five (45) days at work with the Company, employees after which they shall be laid off placed upon the seniority list as of the original date of the hiring. Notwithstanding this, if an employee completes forty-five (45) days worked in any twelve consecutive months will acquire seniority which will date back forty-five (45) working days from the inverse order of their date established seniority. The six months increase will be, six months from the established seniority considering also ability and competency for the jobdate. When there is Note, this does not sufficient work for forty (40) hours for all employees the Employer agrees as far as possible apply to arrange the work schedules so that the senior employee shall have forty (40) hours workstudents. When the Employer again adds to the number of employees, those laid off shall be re-employed in the order of their A master seniority (seniority number) considering also ability and competency for the job. All jobs record will be posted annually kept by the Company and the Plant Committee may have access to this record at any reasonable time during the month of Januaryoffice hours. All positions must be filled by qualified employees on staffThe Company shall revised seniority lists as required, but no more often than once in three (3) months. In the filling case of advertised vacanciespromotions, the Employer shall consider the senior applicant with the competence demotions, transfers, layoffs, and the ability to do the job. The successful applicant recalls, they 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 made in accordance with the employers requirementsseniority standing of employees, they shall be returned provided the senior employees are qualified, capable and available to their former position and standing, except that if perform 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 work required by the Company. The Employer Any employee presently in, or who has been in what is now the bargaining unit and transfers to a supervisory position or any position outside the bargaining unit directly connected with the operation of the plant and who has had at least sixty (60) days service in the bargaining unit, or what is now the bargaining unit, and returns or is transferred to a job within the bargaining unit upon reinstatement he shall be offered any vacancy which might exist for which he is qualified and for which his seniority would entitle him, failing that he may displace the least senior person in the plant whose work he is qualified to perform and provided his regained seniority is greater. No credit for seniority will advertise vacancies be granted for fivetime spent in such supervisory or other position. Any employee who suffers a serious injury or impairment from employment with the Company resulting in major disability, and is unable to continue working at previous position is eligible, but with no guarantee, for placement in a suitable position for which is then qualified capable of performing in accordance with seniority. Placement of such an employee shall be with the mutual consent of the Company and the Union. Once so placed, seniority rating of other employees in respect of the said position shall be waived in favour of any such disabled employee. Any vacancies, other than temporary vacancies, shall be posted and shall be awarded on the basis of seniority provided the senior employee is qualified, capable and available to perform the required work. ARTICLE

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's 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 exercised on an overall basis with the 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 her ability, qualifications and seniority. Employees so affected will be paid not less than their rate at the time of the change, for the purpose duration of determining 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 rights shall who are affected 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 be redundant and they shall be considered equivalent notified in writing by the Company of such redundancy. Notice in writing to voluntarily leaving the service of the Employer, but before any employee is discharged for any failure be days prior to report, the Shop Xxxxxxx must be notifiedsuch redundancy. All seniority rights will be terminated for an employee Any employee(s) who is laid off in excess of his recall rights as established by declared redundant under this provision shall have the following scale: • seniority over ninety (90) calendar days and up right 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 exercise their seniority considering also ability to displace the most junior employee within any shift and competency for any classification of his/her choice provided 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 has 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 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 successful applicant shall be given a fair trial period 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 up to thirty (30this/these employee(s). An employee(s) days. Necessary job instruction will be given during such trial period, and if they fail to perform who is displaced in accordance with the employers requirementsabove 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, they 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 In the event of a lay-off, employees shall receive Notice of Lay-off or pay in 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 standingherein shall be implemented in lieu of the provisions contained in the Current EMPLOYMENT STANDARDS ACT, except for employees who have less than three months or more than twenty years’ full-time continuous employment with the 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 Employment 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 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 shall be placed on the part-time wage scale in accordance with that if seniority. (In the job event an employee is in receipt of Company pension benefits and reverts to which they have bid proves unsatisfactorypart-time, the employee, within fifteen (15) days from commencing new job, may request employee w. ill not be eligible for to be returned to his former position, which request will be given consideration by the Company. The Employer will advertise vacancies for fivepension plan).

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. The Employee's length A. An Assistant who is employed, as a Graduate Assistant or Teaching Assistant shall accrue one (1) seniority credit for each semester worked. Seniority credits shall lapse automatically and are not redeemable after a period of service three (3) consecutive semesters during which time there is no employment relationship with the University, as a Teaching Assistant or Graduate Assistant with the University. Where, upon a review of the qualifications of the applicants for the purpose Assistantship position, it is concluded that qualifications of determining applicants are, as between or amongst applicants, deemed relatively equal, then the accumulated seniority rights credits shall be the determining factor in the selection of the Assistant. Such seniority shall be used with respect to Assistant work offered to Ryerson University (carrying on business as Toronto Metropolitan University) Undergraduate students who are enrolled in the 3rd or 4th year of an undergraduate program and to Ryerson University (carrying on business as Toronto Metropolitan University) Graduate students who apply for posted vacancies. A Graduate student may not receive a Graduate Assistantship from the University subsequent to the first year of studies, however, they are eligible to apply for a Graduate Assistantship following the normal practices, and if it is concluded that qualifications of applicants are, as between or amongst applicants, deemed to commence relatively equal, then the accumulated seniority shall be the determining factor in the selection of the Assistant. Any individual who currently holds seniority in the bargaining unit may grieve an unsuccessful application for an assistantship position. It is understood that appointments which are made on the first day basis of said employee's employment which continued for at least ninety (90) calendar daysseniority as the determining factor, are not subject to the grievance procedure, unless the Union alleges improper motive or discrimination. 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 Teaching Assistantship appointments may commence at any time fewer employees throughout the semester, and may be of any duration up to and including thirteen (13) weeks per semester. The offer of appointment to the Assistant shall confirm the terms and conditions of employment, including hours of work, the start/end date, the assigned duties and the expected hours of work breakdown for the Assistantship. A workload sheet shall be neededattached to the letter of appointment for this purpose. The University shall send to the Local Union a copy of the Assistant’s letter of appointment, employees including the workload sheet. The University shall be laid off not reduce the Assistant’s contract hours and/or pay once the Assistant has accepted their letter of appointment. Pursuant to Article 17, the Assistant shall receive payment, at the appropriate rate of pay, for all the hours of work in their signed letter of appointment for the applicable semester. Should the hours allocated for one of the duties in the inverse order of their seniority considering also ability and competency contract be more than required, the Assistant may be reassigned to other duties as provided 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 fivecollective agreement.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's length of service (a) An employee lose seniority 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 daysfollowing reasons only: The employee quits. 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 The employee is discharged and the discharge is not reversed through the grievance procedure. If the is absent for any failure five regular working clays without advising the Corporation’s Employment Department giving satisfactory reasons. If the employee fails to reportreturn to work within five regular working after so to do to the employee’s address on record with the Corporation unless the employee furnishes satisfactory for such failure. If the employee is not called upon to perform work for the Corporation for a period of sixty consecutive or for a period equal to the employee’s seniority at the date when the employee last performed work for the Corporation, whichever shall be the greater. -- -- If the employee receives a permanent total disability benefit under a group life insurance policy held by the Corporation. such employee recovers either (a) the permanent total disability benefit is discontinued the employee’s Permanent total disability benefit has been fully paid, the Shop Xxxxxxx must employee’s seniority, including that which the employee would have acquired during the Period of disability, shall be notifiedrestored. All however, if the period of the employee’s was for a period longer than the seniority rights will the employee had on the date the employee was approved for a permanent total disability benefit the employee shall upon the restoration of seniority as provided above be terminated for given seniority equal. to the amount of the seniority the employee had on the date such permanent total disability benefit was approved. However, as to an employee who received such benefit prior to the date of this the seniority will to accumulate and, should the employer: recover, the employee’s total accumulated seniority will be credited. The employee or a pension under the Pension Plan of this Agreement. If the receives a pension for permanent total disability and recovers and the pension is laid off discontinued, the employee’s seniority including that which the employee otherwise would have acquired during the period of disability, shall be restored, provided, however, if the period of the disability retirement was for a Period longer than the seniority the employee had on the date said pension for permanent total disability began, the employee shall, upon the: discontinuance of permanent total disability pension, be given seniority equal to the amount of seniority the employee had on the date such pension began. The employee a Separation Payment under the Supplemental Unemployment Benefit Plan incorporated this Agreement in excess which event the seniority be broken at any and all and locations of his recall rights as established the Corporation of the date the application for Payment was received by the following scale: • Corporation. In the event an (employee loses seniority over ninety (90) calendar days and under as a result of imprisonment for up to two (2) years - recall rights equal two (2) years; • one hundred and eighty in connection with an arising out of the operation of a motor vehicle, the employee’s incarceration be a proper ‘exception under the governing loss of seniority over two (2) years and up the employee’s seniority be reinstated and Job In the event of an employee suffering a disability which would the employee from carrying out normal duties the Corporation and the Union may make the seniority job opportunity provisions of this Agreement in favour of such employee. When exceptions are made pursuant to ten (10) years - recall rights equal four (4) years; • this involving an employee that is by the Corporation and the Union to be an unusual placement problem, the may further agree that such employee may not be displaced under the and Recall of the applicable Plant Special Provisions or under Paragraph of the Special Provisions Pertaining to Windsor Area Plants, nor may such employee exercise any job opportunity claim to any other job unless agreed by the Corporation and the However, if in the event of a layoff the seniority over ten (10) years - recall rights equal five (5) years. If of the employee placed under this Section does not entitle the to remain at any time fewer employees shall be neededwork, employees shall the employee be laid off in accordingly and the inverse order of their employee be called back according to 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 provided employee: has the ability to do satisfactorily perform 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 work to be returned to his former position, which request will be given consideration by the Company. The Employer will advertise vacancies for fivedone.

Appears in 1 contract

Samples: Agreement

SENIORITY. The Employee's length of service for the purpose of determining An employee shall acquire 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 after ninety (90) calendar days in any consecutive twelve (12) month period terminating during the life of this Agreement in which event the employee's seniority date will be a date ninety (90) days prior to the date on which the employee's seniority rights were acquired. Notwithstanding the foregoing provision, employees hired as will not acquire seniority rights, nor acquire credit towards seniority rights except as provided in Section and up Section of this Collective Agreement. An employee shall be a probationary employee until such employee has acquired seniority rights at which time the employee becomes a seniority employee. As used throughout this Agreement an "eligible employee" or "seniority employee" shall refer to two a who has acquired seniority rights in accordance with the provisions of paragraph (247) years - of this Agreement and does not include vacation replacements or excluded employees. An employee's seniority 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 rights equal two (2) years; • seniority over two (2) years by registered mail courier which is clear in intent and up to ten (10) years - recall rights equal four (4) years; • seniority over ten (10) years - recall rights equal purpose or within five (5) years. If at any time fewer employees shall be neededworking days after receipt of such notice, employees shall be laid off in the inverse order of their seniority considering also ability and competency for the job. When there whichever 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 employeeslater, 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 unless 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 satisfactory reason is given; if the job employee fails to which they have bid proves unsatisfactory, report for work within five (5)working days after the expiration of any leave granted to the employee, within fifteen (15) days from commencing new jobunless 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 such employee had acquired at the time of such layoff or absence or the period of one year, may request to whichever is greater. The Local Committee Chairperson shall be returned to his former position, which request will be given consideration informed by the Companyemployer 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. The Employer will advertise vacancies for fiveShould 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 on a periodic basis.

Appears in 1 contract

Samples: Master Agreement

SENIORITY. The Employee's length of service for the purpose of determining seniority rights shall be deemed to commence on During 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 of employment with the Employer, an employee shall be neededconsidered a probationary employee and, employees on qualifying his seniority will date back to the time of hiring. During his probationary period an employee shall be laid off subject to all provisions of this Agreement, save and except the grievance procedure in the inverse order event of their seniority considering also ability and competency for his discharge. In the job. When there is not sufficient work for forty event that the first ninety (4090) hours for all employees calendar days of employment with the Employer agrees as far as possible are interrupted by a lay-off, the employee, if rehired within a period equal to arrange his former service with the work schedules so that the senior employee Employer, shall have forty (40) hours work. When the Employer again adds to receive credit for the number of employeescalendar days previously employed by the Employer. In lay-offs of employees from the Plants, those laid off seniority shall be re-employed in the order governing factor so long as it does not prevent the Employer from maintaining an adequate work force of their employees who are most capable of performing the work to be done. Where the ability of two or more employees is relatively equal, seniority (seniority number) considering also ability and competency for shall be the job. All jobs will be posted annually during the month of January. All positions must be filled by qualified employees on staffdeciding factor. In the filling case of advertised vacanciesdismissal 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 shall consider the senior applicant with the competence and the ability to do the jobone hour's notice. The successful applicant Permanent lay-offs 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 provisions of the Employment Standards Act. Seniority shall apply as follows in calling back employees who are on lay-off: Last employee laid-off 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 first employee to be returned called back by his classification. If the Employer needs an employee for a certain classification, and there is no senior employee with such classification, then the Employer may call back the most senior employee who is able to his former position, which request perform the work. An employee will be given consideration by lose seniority rights and employment with the Company. The Employer will advertise vacancies company for fivethe following reasons:

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's length of service for the purpose of determining seniority rights 1. Every new employee shall be deemed 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 commence on the first day completing his full seven hundred and twenty (720) work hour probationary period, shall, provided he is recalled within two calendar months from date of said employee's employment which continued for at least ninety (90) calendar dayslay- off, accumulate such hours worked prior to his lay-off towards completion of his probationary period. An employee voluntarily leaving the service Upon completion of the Employer or an employee discharged for just cause shall lose all seniority rights. Failure to report to seven hundred and twenty (720) 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 reporthours, the Shop Xxxxxxx must be notified. All seniority rights employee will be terminated deemed eligible for an permanent status and Union membership. Upon the attainment of seniority, the employee’s seniority rating will be calculated from the date of employment or reemployment period. Any person hired as a temporary employee who is laid off in excess of his recall rights as established shall not be covered by this contract, shall not be eligible for Union membership and shall not be represented by the following scale: • seniority over ninety (90) calendar days Union. Temporary employees will not be retained to perform bargaining unit work while regular employees are on lay-off, provided the regular employees are available and up have the ability and experience 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) yearsperform the required work. If at any time fewer Temporary employees shall be neededused to replace regular employees who are absent due to vacation, illness or 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 department where the vacancies occur. Use of temporary employees shall be laid off in the inverse order of their seniority considering also ability and competency for the job. When there is limited duration, 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 exceed fifteen (15) days from commencing shifts of work per month. This time limit may be extended by mutual agreement. Such agreement shall not be unreasonably withheld. Use of temporary employees to replace an absent employee shall be limited to the duration of the permanent employee’s absence. Where the Company knows that the absence will extend for at least a year, the Company will hire a new jobemployee to replace the absent employee. If not required, may request to be returned to his former position, which request the new employee hired will be given consideration 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 work per month. This time limit may be extended by the Companymutual agreement and such agreement shall not be unreasonably withheld. The Employer Company will advertise vacancies for fiveremit monthly Union dues of $40.00 to the Union on behalf of a temporary employee once that employee has completed 80 hours worked in that month. The foregoing shall not be used to avoid filling permanent vacancies.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's Seniority shall be measured by the length of continuous service for in the purpose of determining seniority bargaining unit. Seniority rights shall be deemed to commence on the first become effective after 120 calendar day of said employee's employment which continued for at least ninety (90) calendar daysprobationary period. 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 New employees shall be needed, regarded as probationary employees until they have completed 120 calendar days of continuous employment. There shall be laid off no seniority status among probationary employees. They may be transferred and/or released without question when in the inverse order opinion 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 City they fail to perform in accordance with the employers requirements, they satisfactorily. Seniority rights shall be returned lost upon termination of employment or failure to their former position and standing, except that if return to work within one (1) year from the job to which they have bid proves unsatisfactorydate 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, within fifteen (15) days from commencing new laid-off employees shall be recalled. An employee laid-off may apply for another job, may request 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 positionclassification 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, which request will the affected employee who is finally displaced shall be given consideration by an opportunity to be trained in a classification where a vacancy exists provided they have the Companyability to be trained in that classification. The Employer will advertise vacancies for fiveSeniority shall not govern, and shall 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 greater seniority who has the ability to perform the work efficiently. Seniority shall not govern, and shall be 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 position to be filled efficiently.

Appears in 1 contract

Samples: Agreement

SENIORITY. (a) The Employee's length of service for the purpose of determining 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 deemed to commence on conducted by members of the first day of said employee's employment which continued for at least ninety (90) calendar daysBargaining Unit. An employee voluntarily leaving on layoff and having recall rights shall have the service privilege of making application for all job openings which are posted. The Company shall notify the Employer 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 recognized on a plant-wide basis for employees covered by this agreement. An employee with seniority who is indefinitely laid off due to the shortage of work, in accordance with clau- se (a) of this Article, shall be given by the Company either the required weeks of notice in writing, detailed in the Employment Standards' Act of Ontario, or severance pay, in lieu of notice, at his regular hourly rate as hereunder stipulated: LESS THAN ONE (1) YEAR'S SERVICE EMPLOYMENT STANDARDS ACT ONE (1) YEAR OF SERVICE, 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) 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 discharged has received severance pay under this clause, and is later recalled within a time interval shorter than the number of weeks for just cause shall lose all seniority rights. Failure which severan- ce pay was granted, the amount of excess severance pay paid to report to work for four successive working days without a reasonable excuse therefore the employee shall be considered equivalent 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 voluntarily leaving his service since date of last recall, provided the service initial period of the Employerxxxxxx 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 before any employee is discharged for any failure shall not be entitled to reportseverance pay. General notices posted on notice boards, 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 listing employees 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 first instance, their seniority considering also ability and competency for job classifications and setting forth the jobeffective date of layoff, shall be notice of layoff, as of the date of posting, to employees losing their employ- ment due to the application of seniority. 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 Once noti- fied, each employee shall have forty forty-eight (4048) hours workto notify the 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. When the Employer again adds The Company may elect to the number of employeespay severance pay in weekly installments, those laid off or in a lump sum. A seniority list shall be re-employed in the order of their seniority (seniority number) considering also ability prepared 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 fiveCompany once every six (6) months.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's length of service for the purpose of determining seniority rights shall be deemed to commence on the first day of said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving the service of the 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 Newly hired employees shall be considered equivalent on a probationary basis for a period of thirty days worked from the date of hiring. During the probationary period employees shall be entitled to voluntarily leaving all rights and privileges of this Agreement, except with respect to seniority as set out in this Article. The employment of such employees may be terminated at any time during the service probationary period without recourse to the Grievance Procedure. After completion of the Employerprobationary period, but before any seniority shall be effective from the original date of employment. No employee shall be hired for more than one probationary period he 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 absence. If the following scale: • seniority over ninety employee or supervisor absent from work the probationary period, the probationary period may be extended for an thirty (9030) calendar days days. be as the length of service of an employee from the most recent date of hire. Seniority shall operate on a bargaining unit wide basis. In matters of promotions 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 staff transfers, appointment shall be neededmade of the senior applicant able to meet the normal requirements of the job. Seniority shall be used as a factor 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 in the inverse order of their seniority considering also ability and competency for the jobobvious reasons or purpose of preventing him from becoming a member of the Union. When there is not sufficient work for forty (40) hours for all employees The Company shall maintain a seniority list showing the Employer agrees as far as possible to arrange the work schedules so that the senior employee date upon which each employee’s service commenced. An up-todate seniority list shall have forty (40) hours work. When the Employer again adds be sent to the number of employees, those laid off Union and posted on all bulletin boards every three months. An employee’s seniority rating shall be broken for the reason Discharged and not 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 fiveinstated.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's length A regular employee shall be considered as such an employee of service the Railway when: he has his period. he makes himself available to the Rail- way for full time employment. Employ- ees not available for permanent employ- ment shall not accumulate seniority. he has no other outside employment except where such employment may he specifically permitted under provisions of this Agreement. It shall not be it cause discipline dis- charge an to seek and/or accept gainful employment while on provided the purpose employee complies with Clause of determining 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 deemed 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 commence 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 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 first day Security Agreement, exhaust his seniority on system. notified and returned to work in be of said employee's employment which continued Employees to themselves of this Rule must with proper Officer of the Procedure. In an is made, the duly accredited representative the employee shall be furnished, upon written request. the for at least ninety (90) the in writing. An assigned to a position by will receive a full explanation of duties of the position and must demonstrate his ability to perform the work within period thirty calendar days. An employee voluntarily leaving the service length of to he upon character 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 Failing tu demonstrate his ability to do work within the jobperiod allowed. The successful applicant he 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 positionposition 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, which request will exercise their seniority rights any during their OTHER discipline employees. He shall be given consideration by a member of the Company. The Employer will advertise vacancies for fiveUnion and entitled to provisions of the Collective Agreement, RULE

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's length of service for the purpose of determining seniority rights shall be deemed to commence on During 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 of employment with the Employer, an employee shall be neededconsidered a probationary employee and, employees on qualifying his seniority will date back to the time of hiring. During his probationary period an employee shall be laid off subject to all provisions of this Agreement, save and except the grievance procedure in the inverse order event of their seniority considering also ability and competency for the jobhis discharge. When there is not sufficient Failing to be on his position or failing to be at work for forty a period of time due to illness, injury or on modified duties, the probationary period of the employee is then automatically prolonged for an equal period of time. In the event that the first ninety (4090) hours for all employees calendar days of employment with the Employer agrees as far as possible are interrupted by a lay-off, the employee, if rehired within a period equal to arrange his former service with the work schedules so that the senior employee Employer, shall have forty (40) hours work. When the Employer again adds to receive credit for the number of employeescalendar days previously employed by the Employer. * In lay-offs of employees from the Plants, those laid off seniority shall be rethe governing factor so long as it does not prevent the Employer from maintaining an adequate work force of employees who are qualified to perform the work to be done. Where the ability of two or more employees is relatively equal, seniority shall be the deciding factor. * In the case of seasonal lay-employed in the order of their seniority (seniority number) considering also ability and competency for the job. All jobs off, all men affected will receive an hour's advance notice during which he will be posted annually during the month of Januarypermitted to clear his belongings. All positions must be filled by qualified employees on staff. In the filling of advertised vacancies, When a man quits a job he shall give the Employer shall consider the senior applicant with the competence and the ability to do the jobat least one hour's notice. The successful applicant Permanent lay-offs 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 provisions of the Employment Standards Act. Seniority shall apply as follows in calling back employees who are on lay-off: * Last employee laid-off 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 first employee to be returned called back by his classification. If the Employer needs an employee for a certain classification, and there is no senior employee with such classification, then the Employer may call back the most senior employee who is qualified to his former position, which request perform the work. An employee will be given consideration by lose seniority rights and employment with the Company. The Employer will advertise vacancies company for fivethe following reasons:

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's 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 credited with seniority equal to worked hours. With the written consent of the Hospital, the probationary employee, 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 the extension. The release or discharge of an employee during the probationary period will not be the subject of a grievance or arbitration and is at the sole discretion of the Hospital. Definition of Seniority Part-time employees will accumulate seniority on the basis of one year's seniority for each hours worked in the bargaining unit as of the last date of hire, except as otherwise provided herein. Seniority will operate on a bargaining unit wide 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-time employees' service for the purpose of determining and seniority rights shall be deemed to commence converted as at October on the first day fol- lowing basis. Employees' hours of said employee's employment which continued service x = Converted hours of service Transfer of Service and Seniority Effective October and for at least ninety (90) calendar daysemployees who transfer subsequent to 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 voluntarily leaving whose status is changed from part-time to full-time shall receive credit for seniority and service on the basis of one year equals hours worked, and will be enrolled in the employee benefit plans subject to meeting any waiting period or other requirements of those plans. hired prior to October will be credited with the service and seniority they held under the Collective Agreement expiring November Loss of the Employer or an Seniority An employee discharged for just cause shall lose all seniority rights. Failure and shall be 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 a period of three or more consecutive working days without not- ifying the Hospital of such absence and providing a reason satisfactory to the Hospital; employee fails to return to work upon the expiration of 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 notice of recall, and fails to report to work for four successive within ten working days without a reasonable excuse therefore after he has received the notice of recall; employee is absent due to illness or disability which absence continues for twenty-four calendar months from the time the disability or illness commenced. It shall be considered equivalent to voluntarily leaving the service duty of the Employer, but before employee to notify the Hospital promptly of any change of address. If any employee is discharged for any failure fails to reportdo this, the Shop Xxxxxxx must Hospital will not be notified. All seniority rights will be terminated responsible for an employee who is laid off in excess failure of his recall rights as established a notice sent by the following scale: • seniority over ninety (90) calendar days and up registered mail 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 reach 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.

Appears in 1 contract

Samples: Collective Agreement

SENIORITY. The Employee's length In laying off employees not as Tradesmen, plant seniority shall govern and the last of these employees hired shall be 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-force is being reduced. These employees shall have the right of exercising their plant seniority before being laid off. When increasing the 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 reasonable 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-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 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 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 probation and, during the probationary period, they are to be considered probationary employees only and, as such, during this period, these employees shall have no seniority rights except for the purpose of determining seniority rights shall posted job vacancies and may be deemed subject to commence on discharge at the first day of said employee's employment which continued for at least ninety (90) calendar days. An employee voluntarily leaving the service sole discretion 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 Company 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 recourse to the number Grievance Procedure. Upon completion 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 requirementstwo months service, they shall shall, if retained, be returned entitled to their former position and standing, except that if the job to which they have bid proves unsatisfactory, the employee, within fifteen (15) days seniority dating 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 fivedate of original employment.

Appears in 1 contract

Samples: negotech.labour.gc.ca

SENIORITY. The Employee's Seniority shall be and based on the length of continuous service for the purpose of determining seniority rights shall be deemed to commence an employee has been on the first day payroll, subject to Section of said employee's employment which continued for at least ninety (90) calendar daysthis Article. An employee voluntarily leaving the service of the Employer or an employee discharged for just cause shall lose all seniority rightsrights for any one or more of the following reasons: Voluntary resignation. Discharge for cause. Failure to return to work after lay off under Section of this Article or leave of absence. Seniority shall prevail in the event of layoffs with the junior employee covered by this Agreement being laid off first, providing the senior man is capable and qualified to perform the remaining work. The Company agrees to rehire laid off employees on a seniority basis commencing with the last employee laid off. When recalling any employee to work after being laid off, he shall be notified by registered mail directed to the employee's last know address and such employee will be allowed seven (7) days to report to work work. Permission for four successive working days without a reasonable excuse therefore leave of absence for any reason other than ill health 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 writing and the ability to do the job. The successful applicant shall be given leave will consist of a fair trial period maximum of up to thirty (30) days. Necessary job instruction Permission for any extension of leave of absence beyond thirty (30) days shall be in writing and agreed upon by the Union, the Company and the employee concerned. In the event a Driver suffers a revocation of Driver's License the Company at its discretion may provide other employment, if available, within the Company or may grant the employee a leave of absence. Seniority will prevail for the purpose of shift preferential or route openings. All route openings or new jobs will be posted for bid for (72) hours for indication of employee interest; the Company will consider employee preference in filling the job. Employees on vacation or otherwise prevented from bidding will be given during an opportunity to bid when they return. Vacancies created as a result of filling a posted job will be filled by the Company by the posting of the position.. Should there occur within a classification, a temporary vacancy for two or more consecutive work days, such trial period, temporary vacancy will be filled from among the Drivers and if they fail Helpers who are qualified to perform the vacant job. The filling of any vacancy of less than two consecutive work days shall be at the sole discretion of the Company. Daily and call back will be on a seniority basis in accordance each classification with senior employees having first preference. The classifications are listed below: Loader Drivers Roll-off Drivers Cherry Picker Drivers Promotion When an employee within the employers requirementsbargain unit covered by this Agreement receives a leave of absence to take a position within the Company which is beyond the sphere of the bargaining unit, they shall he may retain his seniority for a maximum of ninety (90)days within the former unit. At the end of this period of ninety (90)days, the employee must exercise his seniority rights by returning to his former unit or relinquish all such seniority rights. Should the employee return or be returned to their former position and standingthe bargaining unit for any reason, except he must remain within the unit for a maximum period of one hundred twenty (120) calendar days prior to exercising that if privilege again. The Company will accept personal resumes from all employees covered under this Agreement. Such resumes will be evaluated and, at the job to which they have bid proves unsatisfactoryCompany's discretion, the employee, within fifteen (15) days from commencing new job, employees may request to be returned to his former position, which request will be given consideration by the Company. The Employer will advertise vacancies considered for fivefuture employment opportunities.

Appears in 1 contract

Samples: Agreement

SENIORITY. The Employee's length Company recognizes the desirability, in general, of retaining employees with longer continuity of service for over employees with shorter service, and the purpose Union recognizes that the Company must maintain an efficient working force. It is, therefore, considered to be in the best interests of determining both the employees and the Company, that the following seniority rights provisions shall apply: I An employee shall not have any seniority and shall be deemed to commence on the first day considered as a probationary employee until shall have attained seniority status by actually working a total of said employee's employment which continued for at least thirty (30) days within any consecutive ninety (90) calendar days. An employee voluntarily leaving the service of the Employer or day period; providingthat if 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, off work and receiving Workmen's Compensation,but before any employee is discharged such period shall in no event be extended 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 a period exceeding ninety (90) calendar days and up 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 Company to two (2) years - recall rights equal two (2) years; • seniority over two (2) years and up retain the services of such employee or 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 re-employ if is laid off in the inverse order of their seniority considering also ability and competency for the jobor discharged during such period. 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 A probationary employee shall have forty (40) hours work. When no right to lodge a grievance with respect to discharge, layoff or non-recall after a layoff, but the Employer again adds Company will discuss with two members of the Union Executive Committee, any question of alleged injustice with respect to such matter brought to its attention but a probationary employee shall have recourse to the number grievance procedure relating to matters other than discharge, layoff or non-recall. Company shall post seniority lists in showing. the bargaining unit seniority status of all employees, those laid off . Such seniority lists shall be re-employed revised every three (3) months and copies delivered to the Union President and Department Stewards. Departments for hourly employees shall be; Technicians Warehouse Personnel as in mean in the order unit Seniority rights any 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 fivereasons:

Appears in 1 contract

Samples: Collective Agreement

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