Breaking Seniority Clause Samples

The 'Breaking Seniority' clause establishes the conditions under which the usual order of priority among creditors or stakeholders can be altered. Typically, this clause allows certain parties to receive payment or exercise rights ahead of others who would normally have seniority, such as in the case of restructuring, refinancing, or specific triggering events. By defining exceptions to the standard hierarchy, the clause provides flexibility in managing obligations and can facilitate negotiations or transactions that might otherwise be blocked by strict adherence to seniority. Its core function is to enable parties to override established priority rules when necessary, thereby addressing potential deadlocks or enabling more efficient resolution of financial arrangements.
Breaking Seniority. All seniority shall be broken and employment shall be terminated when a bargaining unit member:
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Breaking Seniority. An employee’s seniority shall be considered broken and all rights under this Agreement forfeited (except as otherwise specifically provided herein) when an employee: 4.6(a) Resigns or is discharged or accepts employment with the Company outside the bargaining units covered by this Agreement. 4.6(b) Fails or refuses to return to work within five calendar days after being recalled, unless a satisfactory reason and documentation, if such documentation exists or can be acquired, is given to warrant leniency.
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Breaking Seniority. An employee’s seniority shall be broken if he/she:
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Breaking Seniority. All seniority shall be broken and employment shall be terminated when a bargaining unit member: A. Quits or retires from the school district B. Is discharged for just cause C. Is non-renewed D. Is laid off for a period exceeding two (2) consecutive years E. Fails to report to work under the time limits specified under recall from layoff Article 27, Section 08
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Breaking Seniority. Seniority shall be broken, and the employee shall be terminated, upon the occurrence of any one of the following events: A. Voluntary quits; B. Justifiable discharge from employment; C. Absence from work for three (3) consecutive workdays without notifying the District, or failure to return to work within one (1) workday following the expiration of an authorized leave of absence; unless the employee provides proof beyond a reasonable doubt that it was impossible to notify the District; D. Failure of the employee to report back to work within ten (10) workdays after receipt of notice from the District that the employee is being recalled from indefinite layoff;
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Breaking Seniority. Seniority shall be broken, and the employee shall be terminated, upon the occurrence of any one of the following events: A. Voluntary quits; B. Justifiable discharge from employment;
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Breaking Seniority. Seniority shall be broken and all rights of employment or reemployment terminated when an employee: 1. Quits or retires; 2. Is terminated or non-renewed; or 3. Exceeds an approved leave of absence.
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Breaking Seniority. An employee's seniority shall be considered broken and all rights under this Agreement forfeited when an employee: (a) Resigns or is discharged for just cause or accepts employment in a position with the Company that is outside of the bargaining unit defined by this Agreement. (b) Fails or refuses to return to work within (20) twenty calendar days after being recalled, unless a satisfactory reason and documentation (if such documentation exists or can be acquired) is provided to warrant leniency. Notification of recall for the purpose of this Section shall be made by certified mail, telegram or other documented and verifiable means addressed to the employee's last known address as shown on the Company's records. The employee shall keep the Company informed of his current address. Failure to receive notice of recall shall be considered a satisfactory reason for not returning to work within twenty (20) calendar days, so as to retain seniority, but shall not obligate the Company to hold the position open. An employee who fails to receive the notice, and is not otherwise aware of his recall, and therefore does not report to work within twenty (20) calendar days shall continue to accrue seniority, but there shall be no further duty to recall the employee until the employee notifies the Company of his current mailing address.
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Related to Breaking Seniority

  • 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.

  • 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.

  • SENIORITY (a) Newly hired full-time employees shall be considered on a probationary basis for a period of three (3) months from the date of hiring. After three (3) months of continuous service, his/her seniority shall date back to the day in which his/her employment began. (b) Persons on probation may be terminated without recourse to the grievance procedure. However, such persons shall be given the reason(s) for termination in each case. The rate for probationary employees shall be that of this Agreement. (a) A seniority list for all full-time employees and a separate seniority list for all part-time employees shall be drawn and posted on the bulletin board. This list shall be revised as of January 1 of each year and forwarded to the Union by the end of February of each year. Employees' names and classifications shall appear on the seniority list in order of their respective dates of employment. Additions and deletions shall be forwarded to the Union as they occur. (b) The Employer and Union agree to place employees on a seniority list as per Article 11; however, in the event that employees share the same seniority date the following process for placement on the seniority list, in order, will be used: i) date of hire ii) date probation is completed as per article 11.01 iii) first to complete their next scheduled shift iv) time of clock in if worked same shift 11.03 In all cases of lay-off due to lack of work or recall following a lay-off, the employee with the greatest amount of seniority will be retained in employment or recalled to work, whichever is applicable, provided he/she is qualified to perform the work available. 11.04 Seniority previously accumulated will be lost whenever an employee: (a) quits his/her employment, or retires; (b) is discharged and not reinstated; (c) is absent from work without reasonable explanation; (d) she/he is a part-time employee who has not been available for three (3) consecutive calendar months and is not on an approved absence as per the provisions of this agreement; (e) is laid off for twelve (12) consecutive months or time equal to the employee's length of service, whichever is greater; (f) fails to return from lay-off within six (6) days of work after being notified to do so; the employee to be recalled must keep the Employer informed of his/her current address and telephone number. Notice of recall may be by telephone, but in all cases a registered letter shall be used either as notice or confirmation. 11.05 The selection or appointment of employees for supervisory positions, or for any position not subject to this Agreement, is not governed by this Agreement. However, if any employee is or has been transferred or appointed, and later transferred back to a position which is governed by this Agreement, then the seniority which he/she has accumulated under this Agreement shall be credited to the employee. Subject to the time period set out in 11.04 (e) any time spent working outside the bargaining unit shall be deemed a lay-off for the purpose of this article.

  • Loss of Seniority An employee shall lose all seniority and shall be deemed terminated if:

  • 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: