Staffing of Non Sample Clauses

Staffing of Non supervisory Control Positions through the National or Interim Bid Program via Transfer Down or Seniority Bid (a) All members of the bargaining unit including those on the recall list may participate in the Program except that, for the purposes of Seniority Bid only, employees who occupy positions at the ATC 7 levels are only eligible to participate in the Program provided that the position for which they will be training is at the ATC 6 level. For the purposes of this subparagraph, the level of a laid off employee is the level that the employee held at the time of their layoff. (b) Non-Eligible Employees Employees in the following situations shall not be eligible to apply: (i) when the training program will commence within three (3) years following the date: (1) the individual had refused an offer of a training opportunity from Article 32.10 which would start within one (1) year; (2) the individual had withdrawn after accepting a formal training offer from Article 32.10, which contains a starting date which is deferred for more than one (1) year; (3) on which training was terminated either for withdrawing from or for failing to successfully complete any portion of a non-supervisory training program for a control position pursuant to clause 32.06; (4) of commencement of a training program for a position at their former unit where they were unable to maintain unit standards; (5) of having qualified in a control position through the National or Interim Bid Program; (6) of having reported to a position staffed through the competitive process. (ii) within two (2) years of having qualified in a control position as a new employee in the bargaining unit. (iii) Any employee who has had three (3) failed attempts at the seniority bid program will be ineligible to seniority bid for the rest of their career with NAV CANADA. Employees who have had three (3) failed attempts as of January 29, 2020, will be afforded one last opportunity. An employee who withdraws from training at any point after having accepted a bid will be assessed a penalty of two failed attempts towards this clause. (iv) Employees who have been offered a training seat through the National or Interim Bid program and are subsequently a successful candidate through a competitive process may withdraw from the bid without penalty provided they have not yet started training. NOTE 1: Employees will be deemed eligible to apply if they will become eligible prior to the commencement of the training opportunity a...