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

Transfer and Seniority Outside the Bargaining Unit. (a) No employee shall be transferred to a position outside the bargaining unit without their consent. (b) If an employee accepts a transfer to a permanent position, outside the bargaining unit, the employee shall have the right to return to his/her position in the bargaining unit during a trial period, to a maximum of four (4) months. If the employee returns to the bargaining unit during this time, he/she shall retain seniority accumulated up to the date of leaving the bargaining unit. However, seniority shall be adjusted for the period of time the employee is outside the bargaining unit. (c) An employee may accept a temporary non-union assignment of up to twenty-four (24) months in a thirty-six (36) month period without losing their seniority in the bargaining unit. Upon return to the bargaining unit, the employee’s seniority date will be adjusted by the number of weeks the employee is in the excluded position. During this period of leave, the employee will continue to pay union dues based on the rate of pay in the new position. The Employer will continue the practice of posting non-union positions for consideration of all employees in the Corporation. However, neither such postings nor the selection of the candidate shall be grievable by the Union or its members. During the period of leave, if the position is replaced with an employee who does not have entitlements to full-time benefits, said employee shall be immediately entitled to said benefits (ie. No eligibility wait period) as provided to all permanent full-time employees within the Collective Agreement.

Transfer and Seniority Outside the Bargaining Unit. (a) No employee shall be transferred to a position outside the bargaining unit without their consent. (b) If an employee accepts a transfer to a permanent position, outside the bargaining unit, the employee shall have the right to return to his/her position in the bargaining unit during a trial period, to a maximum of four (4) months. If the employee returns to the bargaining unit during this time, he/she shall retain seniority accumulated up to the date of leaving the bargaining unit. However, seniority shall be adjusted for the period of time the employee is outside the bargaining unit. (c) An employee may accept a temporary non-union assignment of up to twenty-four (24) months in a thirty-six (36) month period without losing their seniority in the bargaining unit. Upon return to the bargaining unit, the employee’s seniority date will be adjusted by the number of weeks the employee is in the excluded position. During this period of leave, the employee will continue to pay union dues based on the rate of pay in the new position. The Employer will continue the practice of posting non-union positions for consideration of all employees in the Corporation. However, neither such postings nor the selection of the candidate shall be grievable by the Union or its members. During the period of leave, if the position is replaced with an employee who does not have entitlements to full-time benefits, said employee shall be immediately entitled to said benefits (ie. No no eligibility wait period) as provided to all permanent full-time employees within the Collective Agreement.