Trial Period and Return to Former Position. (a) A Regular Employee who has been selected to fill a posted job classification vacancy under this Article shall have the right, subject to his or her sole discretion, to return to the job classification he or she held immediately prior to such change of position provided that this right is exercised by the Employee before: (1) completing a total of four hundred eighty (480) straight-time hours of work (inclusive of paid rest periods, but exclusive of unpaid meal periods, overtime and any “deemed” work time under this Agreement) starting from and including the first date of commencement of their work within the new job classification; or (2) within ninety (90) consecutive calendar days from and including the date upon which the Employee actually starts work in the new job classification; whichever results in the earlier deadline date. Equally, the Employer shall have the unfettered right within the same time period(s) to reassign the Employee to his or her previous job classification.
(b) In either case, the Employee shall resume per Appendix “A” the base hourly rate and related step-on-scale level including “hours actually worked” held by the Regular Employee in his or her previous job classification immediately prior to starting work in the new job classification, plus, that is, adding on, all such “hours actually worked” in the new job classification. Any other Employee moved as a result of such reassignment shall be given the same pay treatment.
Trial Period and Return to Former Position. 1) An Employee selected to fill a posted job vacancy under this Article will be considered on trial for a period of ninety (90) calendar days, starting on the date the Employee commences work in the new position, after which the Employee will be confirmed in the new position.
2) During the trial period and prior to confirmation the Employer may elect to return the Employee, or the Employee may elect to be returned to their former classification and work location.
3) The exercise of a reassignment by the Employer will only be for legitimate business reasons, including unsuitability or poor performance. The Employee will also be required to provide a legitimate and reasonable basis for `a request to be returned. Dissatisfaction with shift, will not be considered a legitimate reason for the Employee's election to return to their former position.
4) The returning Employee will return to their former classification without adverse impact, as described in 16.04 (e) above.
5) Where the returning Employee's former position has been posted and filled by the appointment of a Regular Employee, and the Regular Employee has commenced work in the position, the returning Employee will return to a shift as assigned by the Employer until the next shift bid. If this results in excess capacity in that classification, layoffs may occur in accordance with this Collective Agreement.
6) Where the returning Employee's former position has not yet been posted and filled by the appointment of a Regular Employee, or the appointed Regular Employee has not commenced working the position, the returning Employee will return to their former shift until the next shift bid.
Trial Period and Return to Former Position. (i) For the purposes of this Clause 18.06(b) “hours actually worked” shall be as defined in Appendix “A” of this Agreement.
(ii) Nothing contained in this Clause 18.06 shall in any way diminish any of the Employer’s rights under Clause 19.02 [Step-On-Scale Placement And Progression] of this Agreement. In the event of any conflict between these two (2) clauses, the provisions of the aforesaid Clause 19.02 shall take precedence and prevail.
(c) The Union specifically agrees that any person hired because of, or in response to, a need to “back-fill” any vacancy resulting from the movement of Employee(s) arising out of application of this Clause 18.06 can be terminated without notice or cause, subject to the sole discretion of the Employer, which conduct shall not give rise to any grievance by any Employee and/or the Union.
Trial Period and Return to Former Position. A Regular Employee who has been selected to fill a posted job classification vacancy under this Article shall have the right, subject to his or her sole discretion, to return to the job classification he or she held immediately prior to such change of position provided that this right is exercised by the Employee before completing two hundred forty (240) straight-time hours (inclusive of paid rest periods but exclusive of unpaid meal periods and overtime) or within ninety
