Common use of Transfer and Seniority Outside Bargaining Unit Clause in Contracts

Transfer and Seniority Outside Bargaining Unit. No employee shall be transferred to a position outside the bargaining unit without her/his consent. If an employee is transferred to a position outside of the bargaining unit, she/he shall retain her/his seniority accumulated up to the date of leaving the unit. Such employee shall have the right to return to a position in the bargaining unit within ninety (90) calendar days. If an employee returns to the bargaining unit, she/he shall be placed in a job consistent with her/his seniority. Such return shall not result in the layoff or bumping of an employee holding greater seniority. For the ninety (90) day period referred to above, the employee shall have recourse to the grievance procedure under the collective agreement with respect to disciplinary matters and shall pay union dues in accordance with Article 7. Notwithstanding the above, an employee who transfers shall retain her/his seniority in this bargaining unit up to the date of leaving the unit to a maximum of twelve (12) consecutive months, as long as the employee remains a member of another CUPE bargaining unit of the Employer.