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:
SENIORITY 7.1 The purpose of seniority is to provide a policy governing layoffs and recalls.
7.2 In the event of a layoff, the Company shall consider:
(a) the equipment for the work that has to be performed;
(b) the seniority of the union member;
(c) in the event the qualifications of the Owner-Operator’s equipment are relatively equal, then the Owner-Operators’ seniority shall be the determining factor.
7.3 The Union will provide a bulletin board for each terminal in which the seniority list will be posted. The Company will provide the seniority list electronically to the Union office which will be updated and posted on a quarterly basis.
7.4 Owner-Operators shall be considered probationary until they have completed ninety (90) work days of contract, at which time they shall be placed on the seniority list, in accordance with dates.
7.5 Probationary Owner-Operators will work under the provisions of this Agreement during their probationary period, and they may be discharged or disciplined without recourse to the grievance procedure. Upon completion of the Owner-Operator’s probationary period all conditions of the Agreement will then apply, including the health and welfare provisions as provided in the Company’s policy documents.
7.6 Contract may be terminated for any of the following reasons; subject to the principals of progressive discipline and the reasonable application thereof:
(a) if an Owner-Operator voluntarily quits:
(b) if an Owner-Operator is discharged and not reinstated pursuant to the grievance procedure as provided for in the Agreement;
(c) if an Owner-Operator has been laid off and has refused to return to work within twenty-four (24) hours after being contacted personally by the Company. When the Owner-Operator cannot be contacted personally, or is employed elsewhere, then the Company will notify him by registered mail, to his last known address, to return to work. He will then be given a maximum of seven (7) consecutive days from the date of notification to report for duty;
(d) if an Owner-Operator is absent from work without securing a leave of absence for more than three (3) consecutive working days;
(e) if an Owner-Operator refuses a work or job assignment and that assignment has not violated this Collective Agreement or any provincial or federal regulations or other rules attached to this Agreement.
(f) If an Owner Operator or his driver commits any act, or fails to act, in circumstances that is a violation of the law, being unsafe for persons or property or being offensive to the Company’s customers, employees or other owner operators.
(g) If the Owner Operator’s accident record is unacceptable to the Company. Such determination and evaluation shall be carried out in a reasonable manner by the Company.
(h) If the Owner Operator or his driver fails to comply with any of the instructions, policies or procedures of the Company as may be issued from time to time in bulletins, memoranda, notices, manuals or other forms of announcement or directives which shall be reasonable and will have been properly communicated and enforced by the Company.
(i) If an Owner Operator is discovered to have pulled any load other than one dispatched by Highland Operations, without prior written approval by Highland senior management, he/she is subject to immediate contract termination. A grievance may be processed; however an arbitrator will be limited to determining if the infraction occurred and if so, no substitution of penalty will be permitted.
Termination of Seniority An employee's seniority shall terminate:
A. If the employee resigns
B. If the employee retires
C. If the employee is discharged
D. If the employee is laid off for a period of more than twenty-four (24) consecutive months
E. If the employee who has completed his/her probationary period fails to report to work as scheduled after any authorized absence or layoff, he may be terminated effective on the 4th calendar day following the scheduled return to work date
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.