Common use of Not Discriminatory Clause in Contracts

Not Discriminatory. The Employer shall not exercise its rights in an arbitrary, unreasonable or discriminatory manner. Nor shall these rights be used in a manner which would deprive employees of their employment, except through just cause, or as otherwise provided herein. (a) It is agreed that the Employer may hire a temporary employee, for a limited term contract, for the purpose of replacing full-time employees who are absent for long term medical reasons or who are on approved leave of absence. In the event that the Employer wishes to hire a temporary employee, it will first consult with the Union. Employees hired for a limited term contract may be released from employment at the conclusion of the term of their contract, and such release shall not form the basis for any complaint or grievance under this Collective Agreement. (b) Employees hired for limited term contracts will be required to pay dues pursuant to Article 7 of the Collective Agreement. The Union will not charge such employees a higher monthly rate of dues than is paid by seniority employees. (c) The salary and benefit package of employees hired as probationers or on limited term contracts of two months or longer must be agreed between the Employer and the Union. If the employee on leave is in receipt of benefits, the Employer will not be obliged to pay benefits to contract employees. If the employee on leave is not in receipt of benefits, the eligibility requirements of the benefits plans will apply. (d) Employees hired on a temporary contract of two months or less shall be paid at a rate not less than 85% and not more than 100% of the applicable grid rate unless, following consultation, the Union agrees to other arrangements. (e) If an employee is hired for a limited term contract and is subsequently successful in a job posting for a permanent position his/her seniority shall date from the date on which the employee last commenced employment.