Super Seniority For purposes of layoff and recall only, the President shall head the seniority list, provided however, that such officer must have the necessary skill and experience to perform the required work. The Sheriff agrees that this section shall not be applied in an arbitrary manner.
Department Seniority Department seniority is defined as continuous length of service in calendar days within the employee’s department and where applicable, shall be used for internal department processes, such as vacation and schedule bids.
SENIORITY 14.01 Employees shall retain their previous seniority status with their former employer in accordance with Article 14.06, and thereafter seniority is defined as the length of service in the bargaining unit and shall be used in determining preference or priority for promotions, transfers, demotions, layoffs and recall. Seniority shall operate on a Union-wide basis. 14.02 The Corporation shall maintain a master seniority list showing the date upon which each employee's service commenced and seniority date. The Corporation shall prepare copies of the seniority list which shall be brought up-to-date following each pay period and copies shall be posted to the Corporation’s intranet system and e-mailed to the Union. 14.03 Any newly hired full-time, part-time and casual employees shall be on probation and seniority shall become effective only after an employee has worked a total of six hundred hours (600) hours and shall then be measured from the beginning of the probationary period. During the probationary period employees shall be entitled to all rights and privileges of this Agreement, except that he shall not grieve with respect to discharge. 14.04 Seniority rights shall cease for the following reasons: (a) If the employee resigns; (b) After twenty-four (24) consecutive months on layoff; (c) If the employee is discharged and the discharge is not reversed through the grievance procedure; (d) If an employee has been absent from work in excess of five (5) working days without sufficient cause or without notifying his xxxxxxx, superintendent, or immediate supervisor, unless satisfactory reason is given; (e) If an employee is laid off and fails to return to work within five (5) working days after being notified by registered mail to his last known address, on the Corporation's records, to report for work and does not give a satisfactory reason; (f) If an employee overstays a leave of absence granted by the Corporation in writing and does not secure an extension of such leave, unless a satisfactory reason is given; (g) Seniority shall end as of the end of the month in which the employee retires (i) No employee shall be promoted to a position outside the bargaining unit without his consent. If an employee is promoted to a permanent position outside of the bargaining unit, subsequent to the signing of this agreement, he shall retain his seniority acquired at the time of leaving the bargaining unit for a period of not to exceed six (6) months. Such an employee may only return to the bargaining unit during the six (6) months probationary period for this position, if laid off, terminated from the assignment or through the posting procedure. (ii) An employee who accepts a temporary posted position outside of the bargaining unit subsequent to the signing of this agreement for reason other than replacing a person who is absent due to illness, as defined in Article 23, shall have such temporary assignment limited to a period not to exceed one (1) year unless mutually agreed otherwise by the Parties. The employee shall return to his former permanent position upon completion of the temporary assignment and shall retain his seniority without any further accumulation from the time he worked outside of the bargaining unit. (iii) An employee may be appointed to a position outside of the bargaining unit without a posting, and in such case, the following shall apply: (a) Appointments to temporary unposted non-union positions shall not exceed twenty (20) consecutive shifts, or exceed more than sixty (60) shifts in any calendar year. (b) During the period of appointment, the employee shall continue to remit union dues and will retain and continue to accumulate seniority. (c) During the period of appointment, the Parties agree the initial bargaining unit position will be back-filled by existing bargaining unit members on the basis of seniority and qualifications to perform the work involved. (d) In the event a bargaining unit member is not available to perform this work, or no member of the bargaining unit is willing to perform this work, a casual labour pool employee will be assigned in accordance with the casual labour pool policy. (e) All subsequent vacancies shall be filled in accordance with (c) and (d) above. (f) It is understood that any member of the bargaining unit appointed to a temporary unposted non-union position will not be responsible for labour relations or human resources issues involving bargaining unit members. Such matters will be referred to permanent non-union supervisors and managers. (g) It is understood the above conditions come into effect after one (1) shift when a member of the bargaining unit is appointed to a temporary unposted non-union position. 14.06 The seniority date of employees in municipalities, boards or commissions which have been or will be assumed by the Corporation and come within the jurisdiction of this Collective Agreement will be placed in their rightful chronological position on a combined list of employees forming the total seniority list. 14.07 Any regular full-time or part-time employee within the Corporation, who becomes a member of CUPE Local 1287 as the result of a permanent workplace accommodation due to a disability, shall transfer all accumulated seniority and/or credited service with the Corporation to CUPE Local 1287. 14.08 The following is the process to be used when two (2) or more employees have the same seniority date.
Equal Seniority If two (2) or more employees subject to layoff have equal class seniority, the determination as to who shall be laid off will be made on the basis of the greater hire date seniority, and if that be equal, then the determination shall be made by lot.
Departmental Seniority Departmental seniority is defined as the length of employment within the employee’s current department. Department seniority shall accrue as of the first day of employment or transfer into a new department.
SENIORITY, LAYOFF AND RECALL A. Upon the offer of a position as a non-probationary bargaining unit member, as set forth in Article 7 [B], and the acceptance of the offer, the employee shall be entered on the seniority list, with seniority retroactive to the first day of employment as a probationary employee. There shall be no seniority among probationary employees. B. Seniority shall be defined as the length of continuous service within a classification within the bargaining unit. Bargaining unit members, who transfer between classifications, or another bargaining unit, or to a supervisory position, will have seniority in his/her former classification frozen. Bargaining unit members simultaneously assigned to more than one (1) classification will accrue seniority in both classifications. Ties on the seniority list shall be broken by the first three digits of the bargaining unit member’s social security number with the bargaining unit member having the higher number being placed first. Seniority shall accumulate while on approved leaves and shall not be considered an interruption in continuous service. Bargaining unit members will lose seniority if the bargaining unit member quits, retires, is discharged, is absent for three (3) or more consecutive days without approval, or fails to return from recall in a timely fashion. C. Classifications for purposes of this Agreement shall mean the following: Classification I: Special Education Paraeducators: providing instructional support, behavior management, daily living needs and/or community based support services. Classification II: Overload Paraeducators: providing classroom overload support services. Classification III: Title I Paraeducator D. It is specifically recognized that it is within the sole discretion of the Board to reduce its staff. Layoff shall be defined as a reduction in the number of bargaining unit members or a reduction in the bargaining unit member’s hours. In the event it becomes necessary to lay off, the following procedures will be implemented: 1. Temporary and probationary employees within the affected classification will be laid off first, provided that the remaining bargaining unit members within the classification are qualified and available to perform the work for the positions scheduled to be retained. 2. In the event it is necessary to lay off bargaining unit members with seniority, the bargaining unit member[s] in the position being eliminated shall be laid off on the basis of seniority, provided that the remaining bargaining unit members within the classification are qualified and available to perform the work of that position. Bargaining unit members affected by a layoff shall have the right to displace the least senior bargaining unit member in that classification, if they are qualified and can perform the duties of that position. E. Attempts will be made by the Employer to keep bargaining unit members likely to be affected by layoff informally updated. Bargaining unit members scheduled to be laid off shall be given at least fifteen [15] working days written notice prior to the effective date of the layoff. Upon request, the Employer will meet with the Association President to view the layoff list prior to its implementation. F. Bargaining unit members currently working in the unit shall be eligible for a vacancy before laid-off bargaining unit members are recalled. However, bargaining unit members on layoff shall be recalled before granting any positions to external candidates. Bargaining unit members will be recalled to positions within the classification from which the bargaining unit member was laid off in the inverse order of layoff, provided the bargaining unit member is qualified and can perform the work of that position. Notice of recall will be sent by Certified mail to the bargaining unit member’s last known address on file with the Human Resources Office of the Employer. It shall be the bargaining unit member’s responsibility to keep the Employer notified as to his/her current mailing address. A copy of recall notices will be sent to the Association President. Bargaining unit members will have five (5) calendar days to return to work, except under extenuating circumstances authorized by the Superintendent. The refusal to grant an extension shall not be subject to the grievance procedure. A bargaining unit member who declines a recall for which she/he is qualified shall forfeit his seniority and employment rights under this Agreement. Recall rights shall terminate twenty-four [24] months from the effective date of the bargaining unit member’s layoff. Thereafter, a bargaining unit member shall lose his/her rights to recall. G. For purposes of layoff, displacement and recall, the requirement that a bargaining unit member be qualified and able to perform the work of a position includes the requirement of the work of instructional support, living assistance, community-based support and/or behavior management support, as may be required in the particular position in question.
Classification Seniority Classification Seniority" is defined as the length of service in a specific job classification within the bargaining unit, beginning with the date an employee starts to serve a probationary appointment. Classification Seniority shall be interrupted only by separation because of resignation, discharge for just cause, failure to return upon expiration of a leave of absence, failure to respond to a recall from layoff, or retirement.
Accrual of Seniority Seniority shall accrue during: (a) the first one hundred and nineteen (119) calendar days of sick leave including time on E.I. sick benefit or Income Replacement Benefits under the Automobile Insurance Act; (b) unpaid leaves of absence up to and including one hundred and sixty-eight (168) work hours in a calendar year; (c) hours absent while receiving benefits from the Worker’s Compensation Board; (d) temporary positions, out-of-scope of any union, with the Employer not to exceed twelve (12) months unless extended by mutual agreement with the union; (e) bereavement leave, pressing necessity leave, family leave, medical care leave; (f) jury duty and court service; (g) vacation leave; (h) leave for elected Public Office; (i) union leave; (j) all maternity/paternity/adoption/parental leave; (k) education leave up to twenty-four (24) months. (l) Long-term disability or Income Replacement Benefits under the Automobile Insurance Act. (m) If an Employee’s hours of work are reduced due to a disability, full-time Employees shall maintain their pre- disability accrual rate. Other than full-time Employees shall accrue seniority as follows: (i) For those who have worked one (1) year or more: Paid Hours in Previous 52 Weeks = Seniority Hours Per 52 Week of Leave (ii) For other than full-time Employees who have worked for less than one (1) year:
Seniority Roster The District shall maintain an updated seniority roster, indicating employee's class seniority and hire date seniority. Such rosters shall be available to CSEA.
Seniority Lists A copy of the seniority list will be posted by January 31st and July 31st of each calendar year on designated bulletin boards with a copy forwarded to the bargaining unit president. Included in the list shall be a breakdown of total hours paid for part-time employees. All lists will include date of hire. Any errors noted in the seniority list should be noted and the employer notified within thirty (30) days, after which the list shall be considered final.
