Probation. (a) For newly hired employees, the probationary period shall be: i) two hundred and seventy (270) hours worked for full-time employees; ii) two hundred and seventy (270) hours worked or six (6) calendar months, whichever occurs first, for regular part-time employees; and, iii) two hundred and seventy (270) hours worked or eight (8) calendar months, whichever comes first, for casual part-time employees. The parties recognize that ongoing feedback about the nurse’s progress is important to the probationary nurse. Seniority shall then be credited as of the date of first entry into the service of the Employer and shall be cumulative. There will be a performance report made after sixty (60) calendar days of the probationary period having expired. The probationary employee shall enjoy all of the rights and privileges prescribed in this Agreement except that she/he shall not have access to the grievance or arbitration provisions of the Agreement in the event that she/he is discharged, unless the probationary employee is released for exercising a right under this Agreement. (b) The release of a probationary employee for reasons based on performance and ability to do the job, including skills, suitability and availability shall not be subject to the grievance procedure unless the probationary employee is released for: i) reasons which are arbitrary, discriminatory or in bad faith; ii) exercising a right under this Agreement. The Manor agrees to provide written reasons for the release of a probationary employee within seven (7) days of such release. A claim by a probationary employee that she/he has been unjustly released shall be treated as a grievance, provided the employee is entitled to grieve, if a written statement of such grievance is lodged by the employee with the Manor at Step 3 within seven (7) days after the date the release is effected. Such grievance shall be treated as a special grievance as set out below. The Manor agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her/his probationary period, without just cause. A claim by an employee who has completed her/his probationary period that she/he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Manor at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: i) confirming the Manor's action in dismissing the employee; or ii) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost; or iii) by any other arrangement which may be deemed just and equitable.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Probation. (a) For newly hired 24.1 Employees appointed from eligibility lists, reinstated employees, employees promoted on or after the first day of the first full pay period in the first month following City Council adoption of this 2018-2022 MOU, and employees reassigned according to the Vocational Rehabilitation Administrative Regulation shall be subject to a period of probation. The regular period of probation shall be twelve (12) months.
24.1.1 In the event an employee is assigned to light duty status or is absent from work due to a lengthy illness or injury during his/her probationary period, said employee’s probationary status may be extended beyond the regular period of probation in the amount of one
(1) complete biweekly pay period for each complete biweekly pay period assigned to light duty status or lost due to such an illness or injury.
24.1.2 Upon successful completion of a probationary period, an employee shall be granted regular status in the classification in which the probationary period is served.
24.2 The work and conduct of probationary employees shall be:
i) two hundred be subject to close scrutiny and seventy (270) hours worked for full-time employees;
ii) two hundred evaluation, and seventy (270) hours worked or six (6) calendar months, whichever occurs first, for regular part-time employees; and,
iii) two hundred and seventy (270) hours worked or eight (8) calendar months, whichever comes first, for casual part-time employees. The parties recognize that ongoing feedback about the nurse’s progress is important if found to be below standards satisfactory to the probationary nurse. Seniority shall then be credited as of appointing authority, the date of first entry into appropriate Department Head may reject the service of the Employer and shall be cumulative. There will be a performance report made after sixty (60) calendar days of probationer at any time during the probationary period having expiredperiod. The probationary employee shall enjoy all of the rights and privileges prescribed in this Agreement except that she/he shall not have access to the grievance or arbitration provisions of the Agreement in the event that she/he is discharged, unless the probationary employee is released for exercising a right under this Agreement.
(b) The release of a probationary employee for reasons based on performance and ability to do the job, including skills, suitability and availability Such rejections shall not be subject to review or appeal unless such a rejection is alleged to be contrary to the grievance procedure provisions of any state or federal laws.
24.2.1 An employee rejected or laid off during the probationary period from a position to which he/she has been promoted or transferred shall be returned to the classification in which he/she has regular status unless the probationary employee is released for:
i) reasons which are arbitrary, discriminatory or in bad faith;
ii) exercising a right under this Agreement. The Manor agrees to provide written reasons for his/her failure to complete his/her probationary period would be cause for dismissal.
24.2.2 The appropriate Department Head shall request the release of Human Resources Department to prepare a Personnel Action Form to separate or return to a former classification any employee to be rejected during a probationary period.
24.3 An employee within seven (7) days of such release. A claim by a probationary employee that she/he has been unjustly released shall be treated as a grievance, provided retained beyond the end of the probationary period only if the appropriate Department Head affirms that the services of the employee is entitled have been found to grieve, if a written statement of such grievance is lodged by the employee with the Manor at Step 3 within seven (7) days after the date the release is effected. Such grievance shall be treated as a special grievance as set out below. The Manor agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her/his probationary period, without just cause. A claim by an employee who has completed her/his probationary period that she/he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Manor at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
i) confirming the Manor's action in dismissing the employee; or
ii) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost; or
iii) by any other arrangement which may be deemed just and equitablesatisfactory.
Appears in 3 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Probation. 12.1 A newly hired employee shall be known as a probationary employee until she/he has actually worked and successfully completed five hundred and sixty-two and one-half (562.5) hours of work.
12.2 On or before the expiry date of the initial probationary period, the Company will confirm, to the employee, the decision to:
(a) For newly hired employees, confirm the probationary period shall be:
i) two hundred and seventy (270) hours worked for full-time employees;
ii) two hundred and seventy (270) hours worked or six (6) calendar months, whichever occurs first, for regular part-time employeesemployee’s appointment as having successfully completed her/his probation; and,
iii) two hundred and seventy (270) hours worked or eight (8) calendar months, whichever comes first, for casual part-time employees. The parties recognize that ongoing feedback about the nurse’s progress is important to the probationary nurse. Seniority shall then be credited as of the date of first entry into the service of the Employer and shall be cumulative. There will be a performance report made after sixty (60) calendar days of the probationary period having expired. The probationary employee shall enjoy all of the rights and privileges prescribed in this Agreement except that she/he shall not have access to the grievance or arbitration provisions of the Agreement in the event that she/he is discharged, unless the probationary employee is released for exercising a right under this Agreement.or
(b) The release terminate the employee.
(c) an employee who completes probation will be deemed to be a seniority employee and will then be placed at the bottom of the applicable seniority list and the position on the list will next be determined when the list is next posted in January or June as the case may be.
(d) a seniority tie in such circumstances shall be resolved by alphabetical order of the employee’s surname.
12.3 It is recognized that probation is a period during which the Company has the right to assess an employee to determine whether such employee is, in the sole discretion of the Company, acceptable for continued employment after the probation period has been completed. It is therefore agreed that probationary employees may be terminated at any time during the probationary period in the sole and absolute discretion of the Company. Probationary employees will also have no right of recall from lay-off if they have been laid off during the Probationary Period.
12.4 An arbitrator has no jurisdiction to reinstate or award any other remedy to a probationary employee for reasons based on performance and ability to do the job, including skills, suitability and availability shall not be subject to the grievance procedure unless the probationary employee is released for:
i) reasons which are arbitrary, discriminatory or in bad faith;
ii) exercising a right under this Agreement. The Manor agrees to provide written reasons for the release of a probationary employee within seven (7) days of such release. A claim by a probationary employee that she/he has been unjustly released shall be treated as a grievance, provided the employee is entitled to grieve, if a written statement of such grievance is lodged by the employee with the Manor at Step 3 within seven (7) days after the date the release is effected. Such grievance shall be treated as a special grievance as set out below. The Manor agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge discharge, suspension, or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her/his probationary period, without just cause. A claim by an employee who has completed her/his probationary period that she/he has been unjustly discharged or suspended shall be treated as a grievance if a written statement layoff of such grievance probationary employee, subject to any remedy that may be awarded if it can be established that a probationary employee had been discharged, suspended or laid off in violation of Article 7.1.
12.5 While it is lodged acknowledged that Probationary employees are bargaining unit employees and covered by this collective agreement, it is also understood that certain provisions of this Agreement do not apply to probationary employees as expressly set out in this agreement. Without limiting the employee generality of the foregoing, it is understood that probationary employees have no entitlement to participation in group benefits, group RRSP, or sick leave entitlement. It is also understood that probationary employees will only be entitled to the statutory holidays and statutory vacations as prescribed by and in accordance with the Manor at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
i) confirming the Manor's action in dismissing the employee; or
ii) reinstating the employee with or without loss Employment Standards Act of seniority and with or without full compensation for the time lost; or
iii) by any other arrangement which may be deemed just and equitableOntario.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Probation. (a) For newly hired employeesOnce AJW Technique Inc. has exhausted the former AVEOS Fleet Performance Inc. seniority lists for applicable categories or after January 14, 2018, the Company will consider all new employees as new hires. Note: For further clarity, an example would be as follows: Once all employees from the former AVEOS Fleet Performance Inc. category 17 have been contacted and considered for employment opportunities as Machinist at AJW Technique Inc., the Company is not obliged to call any other category of the former AVEOS Fleet Performance Inc. for opportunities of employment as Machinist. AJW Technique Inc. is considered to have exhausted the applicable seniority list and may proceed in the hiring of a new employee. The probationary period shall be:
ifor new employees within the bargaining unit is ninety (90) two hundred and seventy (270) hours worked for full-time employees;
ii) two hundred and seventy (270) hours worked or six (6) calendar months, whichever occurs first, for regular part-time employees; and,
iii) two hundred and seventy (270) hours worked or eight (8) calendar months, whichever comes first, for casual part-time employeesworking days. The parties recognize that ongoing feedback about If the nurse’s progress employee is important to the probationary nurse. Seniority shall then be credited as of the date of first entry into the retained in service of the Employer Company beyond that period, he will be considered permanent and his seniority date shall be cumulativeretroactive to his date of hire. All new employees will be subject to a performance review based on performance, attitude and aptitude. There will be a minimum of two (2) performance report made after reviews during this evaluation period. The Company reserves the right to extend the probationary periods where it feels further evaluation of the employee is required. In this case, the Company shall inform the union of its decision no less than seven (7) working days before the end of the probationary period. Probationary employees will be entitled to all rights and privileges provided by this Agreement, unless detailed otherwise, with the only exception that he may be discharged by the Company without recourse to grievance procedure. A written notice to the Union’s Chief ▇▇▇▇▇▇▇ summarizing the decision will follow no later than seven (7) business days. A laid off employee who retains seniority as provided under Article 5 or an employee on leave of absence 5. Seniority (Article 7) shall not be deemed to have separated from employment and shall not require being on probation, should the employee return to work. An employee who voluntarily transfers from one classification to another within the scope of this Agreement shall serve a probationary period of sixty (60) calendar working days of the probationary period having expired. The probationary employee shall enjoy all of the rights and privileges prescribed in this Agreement except that she/he shall not have access to the grievance or arbitration provisions of the Agreement in the event that she/he is dischargednew position. If probation fails, unless the probationary employee is released for exercising a right under this Agreement.
(b) The release of a probationary employee for reasons based on performance and ability to do the job, including skills, suitability and availability shall not be subject to the grievance procedure unless the probationary employee is released for:
i) reasons which are arbitrary, discriminatory or in bad faith;
ii) exercising a right under this Agreement. The Manor agrees to provide written reasons for the release of a probationary employee within seven (7) days of such release. A claim by a probationary employee that she/he has been unjustly released shall be treated as a grievance, provided the employee is entitled will be returned to grieve, if a written statement of such grievance is lodged by the employee with the Manor at Step 3 within seven (7) days after the date the release is effected. Such grievance shall be treated as a special grievance as set out below. The Manor agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her/his probationary period, without just cause. A claim by an employee who has completed her/his probationary period that she/he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Manor at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
i) confirming the Manor's action in dismissing the employee; or
ii) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost; or
iii) by any other arrangement which may be deemed just and equitableprevious classification.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Probation. 6.1 The probationary period shall be regarded as an integral part of the employment process. It shall be utilized for closely observing the bargaining unit employee’s work and for securing the most effective adjustment of the new employee to his/her position, and for separating bargaining unit employees whose performance does not meet the required standards
6.2 The standard probationary period for all new BSO employees will be twelve (a12) For months of continuous employment from the date that the bargaining unit employee begins working as a paid full-time employee.
6.3 Bargaining unit employees in the job classification of Child Protective Investigator will be considered probationary until they have successfully completed pre-service training and have successfully performed the duties of a Child Protective Investigator for twelve (12) consecutive months thereafter.
6.4 Prior to expiration of the time period set forth in paragraph 6.2 for newly hired employees, the probationary period Sheriff shall be:
ieither: (1) two hundred and seventy provide written retention of the bargaining unit employee granting regular employment status; (2702) hours worked for full-time employees;
ii) two hundred and seventy (270) hours worked or extend the bargaining unit employee's probation up to an additional six (6) calendar months, whichever occurs first, for regular part-time employees; and,
iiior (3) two hundred and seventy (270) hours worked or eight (8) calendar months, whichever comes first, for casual part-time employees. The parties recognize that ongoing feedback about the nurse’s progress is important to the probationary nurse. Seniority shall then be credited as of the date of first entry into the service of the Employer and shall be cumulative. There will be a performance report made after sixty (60) calendar days of the probationary period having expired. The probationary employee shall enjoy all of the rights and privileges prescribed in this Agreement except that she/he shall not have access to the grievance or arbitration provisions of the Agreement in the event that sheof the Sheriffs failure to provide written retention as set forth in (1) hereof, the bargaining unit employee shall automatically be separated from employment unless there is a vacant position available upon which he/he she is dischargedqualified; if separated, unless said separation being absolutely final, with no rights of appeal to any authority including either the grievance/arbitration procedure contained herein, or any disciplinary review process established by the Sheriff’s policy and procedures (SPM).
6.5 A bargaining unit employee, during the probationary employee is released for exercising a right under this Agreement.
(b) The release period, serves at the will and pleasure of the Sheriff. Accordingly, a probationary employee for reasons based on performance and ability to do may neither grieve, nor otherwise challenge by any other available procedure, any decision by the jobSheriff involving any disciplinary actions or discharge. Probationary bargaining unit employees, including skillsthrough the IUPA, suitability and availability shall not be subject to are limited in their use of the grievance procedure unless contained in Article 7 to resolve only a contractual grievance through the IUPA, as defined in 7.2 exclusive of a disciplinary or discharge action.
6.6 During the initial probationary period, no employees may request a voluntary transfer.
6.7 The Sheriff or designee may evaluate the performance of bargaining unit employees at least four (4) times during their initial probationary period. All performance evaluations will be discussed with the bargaining unit employee. BSO will counsel the bargaining unit employee on any concerns that may deny permanent status to said employee.
6.8 In the event a current bargaining unit employee receives a job classification change within the bargaining unit, that bargaining unit employee shall serve a probationary period of six (6) months of continuous employment from the effective date of the job classification change. Bargaining unit employees, who are having performance issues during the probationary employee is released for:
i) reasons which are arbitraryperiod, discriminatory or in bad faith;
ii) exercising including those who may need to have their probationary period extended for further evaluation, will be notified within a right under this Agreementreasonable time of when the performance issues become apparent. The Manor agrees Bargaining unit employees will not be required to provide written reasons for the release of serve a probationary period if the job classification change is the result of bumping (as outlined in the layoff article) or reclassification.
6.9 Upon the expiration of said six (6) month time period, set forth in paragraph 6.8, the appropriate official of BSO may recommend retention of the bargaining unit employee within seven (7) days of the new job classification. In the event the Sheriff fails to approve such release. A claim by a probationary employee that she/he has been unjustly released shall be treated as a grievance, provided retention and the employee is entitled not terminated for disciplinary reasons, the bargaining unit employee shall have the option to grieverevert to his/her former job classification as long as a vacancy exists. Upon reverting to his/her former job classification, if a written statement of such grievance is lodged the bargaining unit employee will receive the wages and benefits he/she received prior to moving to the new job classification. Such reversion may not be appealed through the grievance/arbitration procedure.
6.10 In the event an employee represented by the IUPA Supervisory Unit or an unrepresented employee with receives a job classification change into a job classification within this bargaining unit, the Manor at Step 3 employee shall serve a probationary period of six (6) months continuous employment from the effective date of the job classification change; provided, however, that bargaining unit employees who receive a job classification change to the job classification of Child Investigative Specialist will be considered probationary until they have successfully completed the academy and they have successfully performed the duties of a Child Investigative Specialist for twelve (12) consecutive months thereafter.
6.11 Upon the expiration of said six (6) month time period, the appropriate official of BSO may recommend retention of the bargaining unit employee within seven (7) days after the date new job classification. In the release is effectedevent the Sheriff fails to approve retention, the bargaining unit employee shall have the option to revert back to his/her former job classification within the IUPA Supervisory Unit or unrepresented job classification as long as a vacancy exists. Upon reverting to his/her former job classification, the bargaining unit employee will receive the wages and benefits he/she received prior to moving to the new job classification. Such grievance shall reversion may not be treated as a special grievance as set out below. The Manor agrees to provide written reasons appealed through the grievance/arbitration procedure.
6.12 Unless he/she is terminated for disciplinary reasons, an employee may voluntarily retreat within seven ninety (790) calendar days to the affected previous position held prior to the job classification change as long as the previous position is within this bargaining unit, the IUPA Supervisory Unit, or in an unrepresented job classification. Upon reverting to his/her former job classification, the bargaining unit employee in will receive the case of discharge or suspension wages and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed herbenefits he/his probationary period, without just cause. A claim by an employee who has completed her/his probationary period that she/he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by she received prior to moving to the employee with the Manor at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effectednew job classification. Such special grievance reversion may not be settled under appealed through the Grievance or Arbitration Procedure by:
i) confirming the Manor's action in dismissing the employee; or
ii) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost; or
iii) by any other arrangement which may be deemed just and equitablegrievance/arbitration procedure.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Probation. (a) For newly hired employees, the 7.01 New employees shall serve a probationary period shall be:
i) two of four hundred and seventy fifty hours (270450) worked for part-time employees or six hundred (600) hours worked or four (4) months for full-time employees;
ii) two hundred and seventy (270) hours worked or six (6) calendar months, whichever occurs first, for regular part-time employees; and,
iii) two hundred and seventy (270) hours worked or eight (8) calendar months, whichever comes first, for casual part-time employees. The parties recognize that ongoing feedback about the nurse’s progress is important to the probationary nurse. Seniority shall then be credited as of the date of first entry into the service of the Employer and shall be cumulative. There will be a performance report made after sixty (60) calendar days Upon completion of the probationary period having expiredperiod, an employee shall obtain seniority which shall be calculated from the employee's hiring date. This hiring date shall also be used to determine anniversaries, pay increments, vacations, etc.
7.02 On or before the expiry date of an employee's probationary period, the Employer will confirm that:
a. the employee has successfully completed her probationary period; or
b. the employee is terminated. The probationary employee shall enjoy all purpose of the rights probation period is to provide an opportunity to determine whether a new employee has the ability and privileges prescribed in this Agreement except qualities to become a reliable, competent employee. It is understood that she/he shall not have access to the grievance termination or arbitration provisions of the Agreement in the event that she/he is discharged, unless the probationary employee is released for exercising a right under this Agreement.
(b) The release suspension of a probationary employee for reasons based on performance shall be at the sole discretion of the employer and ability to do the job, including skills, suitability and availability shall not be subject to arbitration. Such discretion shall not be exercised in a discriminatory manner.
7.03 Probationary employees are covered by this Agreement excepting those provisions which specifically exclude such employees.
7.04 During orientation the grievance procedure unless new employee shall work in addition to the probationary employee is released for:
i) reasons which are arbitrary, discriminatory or in bad faith;
ii) exercising a right under this Agreementregular number of employees. The Manor agrees to provide written reasons for the release of a probationary employee within seven (7) days of such release. A claim by a probationary employee that she/he has been unjustly released shall Orientation time will normally be treated as a grievance, provided served on all shifts the employee is entitled expected to grieve, if a written statement work. Orientation of such grievance is lodged by one shift will be provided for all floors on which the employee with works. If an employee is transferred to a satellite kitchen then one shift of orientation will be provided, except in cases of emergency.
7.05 Where a formal evaluation of an employee’s performance is carried out, the Manor at Step 3 within seven (7) days after the date the release is effected. Such grievance employee shall be treated as provided with a special grievance as copy to read and review. An employee who objects to her performance appraisal may elect to attach a statement to the document setting out the details and reasons for those objections. It is understood that evaluations will operate independently of the disciplinary process set out belowforth in Article 20. An employee shall have the right, upon reasonable notice, to have access to and review their personnel file, and shall have the right to respond in writing to any document contained therein. The Manor agrees to provide employee’s written reasons within seven (7) calendar days to response shall become part of their permanent record and will be produced at any time the affected employee documents in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her/his probationary period, without just cause. A claim by an employee who has completed her/his probationary period that she/he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Manor at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
i) confirming the Manor's action in dismissing the employee; or
ii) reinstating the employee with or without loss of seniority and with or without full compensation contention are presented for the time lost; or
iii) by any other arrangement which may be deemed just and equitableconsideration.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Probation. 1. All employees hired after this Agreement takes effect shall, on or before the fifth (a5th) For newly hired employeesday of employment, receive from the Board a copy of this Agreement, the probationary current job description for his/her position and written notice of the Immediate Supervisor to whom he/she is required to report. Employees entitled to receive the information contained in this section shall sign an acknowledgement of the receipt of the written information to be provided under this section, on a form prescribed by the Superintendent. If an employee refuses to sign an acknowledgement, then a witness will sign acknowledging that the employee received the specified information.
2. All new employees shall be placed on a ninety (90) workday probation. All new employees shall, prior to their first day of work, pass a Bureau of Criminal Investigation and Identification (BCII) and a Federal Bureau of Investigation (FBI) criminal records check to be commenced and as proof that such criminal records check has commenced shall provide the administration with a receipt from the law enforcement office where the criminal records check was requested prior to the first day of work. Failure to schedule the BCII and FBI criminal records check within the period set forth within this paragraph will be cause for immediate termination without any notice or opportunity to be heard. After successfully completing probation, seniority shall be:
i) two hundred and seventy be computed from the date of hire. New employees shall not be eligible for insurance coverages until they have worked ninety (270) hours worked for full-time employees;
ii) two hundred and seventy (270) hours worked or six (690) calendar monthsdays.
3. If the employee denies the accuracy of the BCII and/or FBI report, whichever occurs firstthe employee shall immediately be placed on leave without pay or benefits for a period of up to 90 days. If within that period, for regular part-time employees; and,
iii) two hundred and seventy (270) hours worked or eight (8) calendar monthsthe Board receives a corrected report from BCII and/or FBI which is not inconsistent with the employee’s answers to questions on the job application, whichever comes first, for casual part-time employees. The parties recognize that ongoing feedback about the nurse’s progress is important employee shall be returned to the probationary nurse. Seniority shall then be credited duty with back pay to resume his/her contract status in effect as of the date beginning of first entry into such leave. If within the service period of such leave the Board does not receive a corrected report from BCII and/or FBI which is not inconsistent with the employee’s answers to questions on the job application, the action of the Employer and Board employing such employee shall be cumulative. There will be a performance report made after sixty (60) calendar days void without any further act by any party, and without the necessity of the probationary period having expired. The probationary employee shall enjoy all of the rights and privileges prescribed in this Agreement except that she/he shall not have access to the grievance or arbitration provisions of the Agreement in the event that she/he is discharged, unless the probationary employee is released for exercising a right under this Agreement.
(b) The release of a probationary employee for reasons based on performance and ability to do the job, including skills, suitability and availability shall not be subject to the grievance procedure unless the probationary employee is released for:
i) reasons which are arbitrary, discriminatory or in bad faith;
ii) exercising a right under this Agreement. The Manor agrees to provide written reasons for the release of a probationary employee within seven (7) days of such release. A claim by a probationary employee that she/he has been unjustly released shall be treated as a grievance, provided the employee is entitled to grieve, if a written statement of such grievance is lodged by the employee with the Manor at Step 3 within seven (7) days after the date the release is effected. Such grievance shall be treated as a special grievance as set out below. The Manor agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her/his probationary period, without just cause. A claim by an employee who has completed her/his probationary period that she/he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Manor at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled proceedings under the Grievance or Arbitration Procedure by:
i) confirming the Manor's action in dismissing the contract to formally terminate such employee; or
ii) reinstating the employee with or without loss ’s contract of seniority and with or without full compensation for the time lost; or
iii) by any other arrangement which may be deemed just and equitableemployment.
Appears in 2 contracts
Sources: Negotiated Agreement, Negotiated Agreement
Probation. (a) For
12:01 Every newly hired employees, the probationary employee shall be on probation for a period shall be:
i) two hundred and seventy (270) hours worked for full-time employees;
ii) two hundred and seventy (270) hours worked or of six (6) calendar months, whichever occurs first, .
12:02 An employee’s probation period may be extended by MCFS. Such extension may be for regular part-time employees; and,a maximum period of six (6) months.
iii) two hundred and seventy (270) hours worked or eight (8) calendar months, whichever comes first, for casual part-time employees12:03 An employee shall be notified in writing of any extension of the probation period under Article 12:02 prior to the expiry of the probation period. A meeting may be held with the employee to discuss the extension. The parties recognize that ongoing feedback about employee has the nurseoption to have a Union representative present. An employee’s progress probation period of six (6) months plus any extension shall be considered the initial probation period. This initial probation period shall not exceed twelve (12) months.
12:04 An employee who is important being rejected during the employee’s probationary period shall be provided with two (2) weeks’ notice or payment in lieu thereof which notice shall be deemed to be within the employee’s probationary nurseperiod.
12:05 Subject to Article 12:09 existing employees moving to a new position shall complete an assessment period of six (6) months. Seniority shall then The purpose of the assessment period is to assess whether the employee is able to perform the duties and functions of the position.
12:06 An employee’s assessment period may be credited as extended by the Employer. Such extension may be for a maximum period of six (6) months.
12:07 Where an employee has been rejected during the assessment period following a promotion, appointment or transfer, then:
(a) The Employer will place the employee on an employment availability list at the employee’s previous classification for a period of one (1) year from the date of first entry into the service of the Employer and shall be cumulative. There will be a performance report made after sixty (60) calendar days of the probationary period having expired. The probationary employee shall enjoy all of the rights and privileges prescribed in this Agreement except that she/he shall not have access to the grievance or arbitration provisions of the Agreement in the event that she/he is discharged, unless the probationary employee is released for exercising a right under this Agreementrejection.
(b) The release During this period Employer will endeavour to relocate the employee to the employee’s former position or to a position comparable to the former position.
(c) If there is no vacant position within the employee’s former classification the employer will reassign the employee to a position in a lower pay classification if available and if the employee is qualified to perform the position and pay the employee at their last rate of pay in the former classification for a probationary period of six (6) months.
(d) If there is no position available for the employee for reasons based through (b) or (c), the employee will be laid off, and Article 45 will apply. Notwithstanding Article 45:05, an employee may only bump a less senior employee with the same job description as their former position, or a lower classification.
12:08 An employee who is temporarily appointed to another position on performance and ability an acting status basis is not considered to do be in the jobassessment period. If the employee is immediately promoted to that position, including skills, suitability and availability the period during which the employee was on acting status shall count towards the employee’s assessment period.
12:09 An employee shall not be subject required to the grievance procedure unless the probationary serve a further assessment period when:
(a) The employee is released for:
i) reasons which are arbitrary, discriminatory or in bad faithpromoted without competition as a result of reclassification of the employee’s position;
ii(b) exercising The employee initiates a right under this Agreement. transfer to a position in the same classification involving similar duties and responsibilities; or
(c) The Manor agrees Employer initiates the transfer or demotion of an employee from one (1) position to provide written reasons another for the release any reason, except where, as a result of a probationary employee within seven (7) days of such release. A claim by a probationary employee that she/he has been unjustly released shall be treated as a grievancerejection during an assessment, provided the employee is entitled transferred to grievea position they have not filled before pursuant to Article 12:07(c).
12:10 Where an employee departs the Employer, if a written statement of such grievance and is lodged by rehired less than two (2) months after their departure date, Article 12:05 shall apply. Conversely, where the break between the employee’s departure and rehire is greater than two (2) months, Article 12:01 will apply.
12:11 An employee who is rejected during the assessment period in accordance with Article 12:07 may appeal the Manor at Step 3 decision in writing to the Executive Director or designate within seven five (75) working days. The Executive Director or designate will have fifteen (15) days after the date the release is effected. Such grievance shall be treated as to issue a special grievance as set out belowdecision in writing. The Manor agrees decision of the Employer to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline reject an employee who has completed her/his probationary period, without just cause. A claim by during probation or assessment after an employee who has completed her/his probationary period that she/he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance appeal decision is lodged by the employee with the Manor at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
i) confirming the Manor's action in dismissing the employee; or
ii) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost; or
iii) by any other arrangement which may be deemed just and equitableneither appealable nor arbitrable.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Probation. All new employees appointed to a position shall serve a probationary period of nine months, during which time they can be discharged without cause. Written notification of termination shall be provided to the employee. An employee may take any promotional examination while he/she is in either an original or promotional probationary period, except that an employee during the original probationary period shall not be selected over a bargaining unit employee who meets the minimum qualifications and achieves a passing score in the promotional examination process.
1. A promoted employee will be subject to a probation period of six months. However, the promoted employee has thirty (a30) For newly hired employeesdays to determine whether he or she wishes to continue in a promoted status. Within that thirty (30) day period he or she may elect to return to his or her former position without loss of seniority or benefits. The Executive Director may at any time before the expiration date of the probationary period as fixed above, reject for cause, any person promoted provided that the District shall forthwith report to the employee and the Union in writing each rejection on probation, stating the date the rejection becomes effective and the reason for this rejection. A person promoted and then rejected during the probation period shall have the right to assume the position from which he/she was promoted.
2. If an employee has been laid off or demoted without fault on his or her part, and has completed his/her probationary period and is appointed to a position in the same classification or another classification in which he/she has previously served a probation period, he/she shall not be required to serve a second probationary period. If an employee is laid off or demoted without fault on his/her part during the probationary period, and is appointed to a position in the same classification from which he/she was laid off or demoted, the probationary period already served shall be:
i) two hundred and seventy (270) hours worked for full-time employees;
ii) two hundred and seventy (270) hours worked or six (6) calendar months, whichever occurs first, for regular part-time employees; and,
iii) two hundred and seventy (270) hours worked or eight (8) calendar months, whichever comes first, for casual part-time employees. The parties recognize that ongoing feedback about the nurse’s progress is important be carried over to the probationary nursenew appointment. Seniority shall then be credited as of the date of first entry into the service of the Employer and Recall shall be cumulative. There will be a performance report made after sixty (60) calendar days of the probationary period having expired. The probationary employee shall enjoy all of the rights and privileges prescribed in this Agreement except that she/he shall not have access to the grievance or arbitration provisions of the Agreement in the event that she/he is dischargedaccordance with paragraph C, unless the probationary employee is released for exercising a right under this AgreementARTICLE 12 - LAYOFFS, BUMPING, RECALLS, SUSPENSIONS, DISCIPLINE, AND RESIGNATIONS.
(b) The release of a probationary employee for reasons based on performance and ability to do the job, including skills, suitability and availability shall not be subject to the grievance procedure unless the probationary employee is released for:
i) reasons which are arbitrary, discriminatory or in bad faith;
ii) exercising a right under this Agreement. The Manor agrees to provide written reasons for the release of a probationary employee within seven (7) days of such release. A claim by a probationary employee that she/he has been unjustly released shall be treated as a grievance, provided the employee is entitled to grieve, if a written statement of such grievance is lodged by the employee with the Manor at Step 3 within seven (7) days after the date the release is effected. Such grievance shall be treated as a special grievance as set out below. The Manor agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her/his probationary period, without just cause. A claim by an employee who has completed her/his probationary period that she/he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Manor at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
i) confirming the Manor's action in dismissing the employee; or
ii) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost; or
iii) by any other arrangement which may be deemed just and equitable.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Probation. SECTION 1: The probationary period shall be regarded as an integral part of the employment process. It shall be utilized for closely observing the employee’s work and for securing the most effective adjustment of the new employee to his or her position, and for “separating” employees whose performance does not meet the required standards.
SECTION 2: The standard probationary period for all new employees will be nine (a9) For months of continuous employment from the date that the employee begins working as a paid full-time employee of the City. Upon the expiration of this time period, the Human Resources Director shall either: (1) approve in writing, retention of the employee, at which time the employee shall be granted permanent status or (2) extend the employee’s probationary period for an additional three (3) months. The Human Resources Director may extend the probation of a newly hired employeesemployee for a period in excess of three (3) months with the concurrence of the Union. In the event the Human Resources Director shall fail to approve retention or extend probation in writing or shall fail to approve retention in writing at the completion of an extended probationary period, the employee shall automatically be separated from employment with the City, said separation being absolutely final, with no rights of appeal to any authority including the grievance/arbitration procedure contained herein. For employees working in departments where the department director is a Charter Officer these discretionary determinations will be made by the applicable Charter Officer.
SECTION 3: During an employee’s probationary period he or she serves at the will and pleasure of the City. Accordingly, no probationary employee may grieve or otherwise challenge any decision involving discipline, layoff or discharge (for whatever reason). Probationary employees may otherwise utilize the grievance/arbitration procedure contained in this Agreement.
SECTION 4: In the event a permanent employee receives a promotion from a lower to a higher bargaining unit position, that employee shall serve a probationary period of six (6) months (of continuous employment) from the date of promotion. Upon the expiration of said time period, the Human Resources Director shall approve, in writing, retention of the employee in the position to which he or she was promoted. In the event the Human Resources Director fails to approve retention in writing, the employee shall automatically revert to his or her former classification without loss of rights or benefits, from which he or she has been promoted. For employees working in departments where the department director is a Charter Officer, these discretionary determinations will be made by the applicable Charter Officer. Such reversion may be appealed through the grievance/arbitration procedure contained in this Agreement. However, the Arbitrator cannot reverse or modify the City’s action unless he or she determines that the City acted arbitrarily and capriciously.
SECTION 5: In the event a probationary employee receives a promotion, his or her probationary period in the new position will be nine (9) months.
SECTION 6: Substitute, temporary, seasonal and part-time employees all serve at the will and pleasure of the City. Thus, the City may separate them from employment whenever it is deemed appropriate, said employees having no right of appeal to any authority, including the grievance/arbitration procedures contained in this Agreement.
SECTION 7: An employee’s probationary period shall be suspended during any period of worker’s compensation leave. Upon the employee’s return to work, the probationary period shall be:
i) two hundred and seventy (270) hours worked for full-time employees;
ii) two hundred and seventy (270) hours worked or six (6) calendar months, whichever occurs first, for regular part-time employees; and,
iii) two hundred and seventy (270) hours worked or eight (8) calendar months, whichever comes first, for casual part-time employees. The parties recognize be resumed so that ongoing feedback about the nurse’s progress is important to the entire appropriate probationary nurse. Seniority shall then be credited as of the date of first entry into the service of the Employer and shall be cumulative. There period will be a performance report made after sixty (60) calendar days of the probationary period having expired. The probationary employee shall enjoy all of the rights and privileges prescribed in this Agreement except that she/he shall not have access to the grievance or arbitration provisions of the Agreement in the event that she/he is discharged, unless the probationary employee is released for exercising a right under this Agreementactually worked.
(b) The release of a probationary employee for reasons based on performance and ability to do the job, including skills, suitability and availability shall not be subject to the grievance procedure unless the probationary employee is released for:
i) reasons which are arbitrary, discriminatory or in bad faith;
ii) exercising a right under this Agreement. The Manor agrees to provide written reasons for the release of a probationary employee within seven (7) days of such release. A claim by a probationary employee that she/he has been unjustly released shall be treated as a grievance, provided the employee is entitled to grieve, if a written statement of such grievance is lodged by the employee with the Manor at Step 3 within seven (7) days after the date the release is effected. Such grievance shall be treated as a special grievance as set out below. The Manor agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her/his probationary period, without just cause. A claim by an employee who has completed her/his probationary period that she/he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Manor at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
i) confirming the Manor's action in dismissing the employee; or
ii) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost; or
iii) by any other arrangement which may be deemed just and equitable.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Probation. (a) For newly hired employees, the probationary The probation period shall be:
i) two hundred and seventy (270) hours worked for full-time employees;
ii) two hundred and seventy (270) hours worked or six (6) calendar months, whichever occurs first, for regular part-time employees; and,
iii) two hundred and seventy (270) hours worked or eight (8) calendar months, whichever comes first, for casual part-time employees. The parties recognize that ongoing feedback about the nurse’s progress is important to the probationary nurse. Seniority shall then be credited as of the date of first entry into the service of the Employer and employees shall be cumulative. There will be a performance report made after sixty (60) calendar days the first 913.5 hours of the probationary period having expired. The probationary employee shall enjoy all of the rights and privileges prescribed in this Agreement except that she/he shall not have access to the grievance or arbitration provisions of the Agreement in the event that she/he is discharged, unless the probationary employee is released for exercising a right under this Agreementemployment.
(b) Where an extended period of time for assessment of job performance appears to be of mutual benefit, the probation period may be extended up to an additional 913.5 hours. It is the intent of the Employer to limit such extensions as much as possible.
(c) Where a regular employee is a successful in-service applicant to a posted position he/she shall be placed on trial for a period of 280 hours. Conditional on satisfactory service, the employee shall be declared permanent after the period of 280 hours. In the event the successful applicant proves unsatisfactory in the position during the trial period, or if the employee is unable to perform the duties of the new job classification, he/she shall be returned to his/her former position, wage or salary rate, without loss of seniority. Any other employee promoted or transferred because of the rearrangement of positions shall also be returned to his/her former position, wage or salary rate, without loss of seniority.
(d) Notwithstanding articles pertaining to the probation period, regular employees shall not be eligible to apply for another regular posted position within their initial probation period, except by mutual agreement of the parties.
(e) The release of a College President may reject any probationary employee for reasons based on performance and ability to do the job, including skills, suitability and availability shall not be subject to the grievance procedure unless the probationary employee is released for:
i) reasons which are arbitrary, discriminatory or in bad faith;
ii) exercising a right under this Agreement. The Manor agrees to provide written reasons for the release of a probationary employee within seven (7) days of such release. A claim by a probationary employee that she/he has been unjustly released shall be treated as a grievance, provided the employee is entitled to grieve, if a written statement of such grievance is lodged by the employee with the Manor at Step 3 within seven (7) days after the date the release is effected. Such grievance shall be treated as a special grievance as set out below. The Manor agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her/his probationary period, without just cause. A claim by rejection during probation shall not be considered a dismissal for the purpose of Article 29.4 of this agreement. The test of just cause for rejection shall be a test of suitability of the probationary employee for continued employment in the position to which he/she has been appointed, provided that the factors involved in suitability could reasonably be expected to affect work performance.
(f) Where an employee who has completed herfeels he/his probationary period that she/he she has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged aggrieved by the decision of the Employer to reject the employee with during the Manor probationary period, he/she may grieve the decision at Step No. 3 of the grievance procedure as outlined in Article 31.7 of this agreement within seven (7) calendar 10 working days after of the date on which the discharge rejection occurred or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
i) confirming the Manor's action in dismissing the employee; or
ii) reinstating within 10 working days of the employee with or without loss receiving notice of seniority and with or without full compensation for the time lost; or
iii) by any other arrangement which may be deemed just and equitablerejection.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Probation. 12.1 A newly hired employee shall be known as a probationary employee until she/he has actually worked and successfully completed six hundred and thirty-seven and one- half (637.5) hours of work.
12.2 On or before the expiry date of the initial probationary period, the Company will confirm, to the employee, the decision to:
(a) For newly hired employees, confirm the probationary period shall be:
i) two hundred and seventy (270) hours worked for full-time employees;
ii) two hundred and seventy (270) hours worked or six (6) calendar months, whichever occurs first, for regular part-time employeesemployeeís appointment as having successfully completed her/his probation; and,
iii) two hundred and seventy (270) hours worked or eight (8) calendar months, whichever comes first, for casual part-time employees. The parties recognize that ongoing feedback about the nurse’s progress is important to the probationary nurse. Seniority shall then be credited as of the date of first entry into the service of the Employer and shall be cumulative. There will be a performance report made after sixty (60) calendar days of the probationary period having expired. The probationary employee shall enjoy all of the rights and privileges prescribed in this Agreement except that she/he shall not have access to the grievance or arbitration provisions of the Agreement in the event that she/he is discharged, unless the probationary employee is released for exercising a right under this Agreement.or
(b) The release terminate the employee.
12.3 It is recognized that probation is a period during which the Company has the right to assess an employee to determine whether such employee is, in the sole discretion of the Company, acceptable for continued employment after the probation period has been completed. It is therefore agreed that probationary employees may be terminated at any time during the probationary period in the sole and absolute discretion of the Company. Probationary employees will also have no right of recall from lay-off if they have been laid off during the Probationary Period.
12.4 An arbitrator has no jurisdiction to reinstate or award any other remedy to a probationary employee for reasons based on performance and ability to do the job, including skills, suitability and availability shall not be subject to the grievance procedure unless the probationary employee is released for:
i) reasons which are arbitrary, discriminatory or in bad faith;
ii) exercising a right under this Agreement. The Manor agrees to provide written reasons for the release of a probationary employee within seven (7) days of such release. A claim by a probationary employee that she/he has been unjustly released shall be treated as a grievance, provided the employee is entitled to grieve, if a written statement of such grievance is lodged by the employee with the Manor at Step 3 within seven (7) days after the date the release is effected. Such grievance shall be treated as a special grievance as set out below. The Manor agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge discharge, suspension, or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her/his probationary period, without just cause. A claim by an employee who has completed her/his probationary period that she/he has been unjustly discharged or suspended shall be treated as a grievance if a written statement layoff of such grievance probationary employee, subject to any remedy that may be awarded if it can be established that a probationary employee had been discharged, suspended or laid off in violation of Article 7.1.
12.5 While it is lodged acknowledged that Probationary employees are bargaining unit employees and covered by this collective agreement, it is also understood that certain provisions of this Agreement do not apply to probationary employees as expressly set out in this agreement. Without limiting the employee generality of the foregoing, it is understood that probationary employees have no entitlement to participation in group benefits, group RRSP, or sick leave entitlement. It is also understood that probationary employees will only be entitled to the statutory holidays and statutory vacations as prescribed by and in accordance with the Manor at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
i) confirming the Manor's action in dismissing the employee; or
ii) reinstating the employee with or without loss Employment Standards Act of seniority and with or without full compensation for the time lost; or
iii) by any other arrangement which may be deemed just and equitableOntario.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Probation. (a) For newly hired employees, the All new employees shall be subject to a probationary period shall be:
iof ninety (90) two calendar days of employment from the date of hire or three hundred and seventy fifty (270350) hours worked, whichever occurs first. A probationary employee who is not available to be scheduled for a period of time greater than seven (7) shifts during the ninety (90) calendar day probationary period and who has not completed the three hundred and fifty (350) hours worked during that period shall have his/her probationary period extended by the length of time the employee was not available to be schedule for full-time employees;
ii) two work, to a maximum extension of one hundred and seventy sixty (270160) hours worked or six (6) calendar months, whichever occurs first, for regular part-time employees; and,
iii) two hundred and seventy (270) hours worked or eight (8) calendar months, whichever comes first, for casual part-time employees. The parties recognize that ongoing feedback about the nurse’s progress is important to the probationary nurse. Seniority shall then be credited as of the date of first entry into the service of the Employer and shall be cumulative. There will be a performance report made after sixty (60) calendar days of the probationary period having expireddays, whichever occurs first. The probationary employee shall enjoy all of the rights and privileges prescribed in this Agreement except that she/he shall not have access to the grievance or arbitration provisions of the Agreement in In the event that she/he is discharged, unless the probationary affected employee is released absent or unavailable to work on the completion date of the initial seventy-five (75) calendar day probationary period, then the extended probationary period shall not commence until the date that the employee returns to work for exercising a right under this Agreementthe Employer.
(b) The release purpose of a the probationary period is to determine, in the opinion of the Employer, the suitability of the employee for reasons based on performance and ability continued employment.
(c) Only those employees who have successfully completed their probationary period are entitled to do claim the job, including skills, suitability and availability shall not be subject to the grievance procedure unless the probationary employee is released for:
i) reasons which are arbitrary, discriminatory or in bad faith;
ii) exercising a right under this Agreementrights arising out of seniority. The Manor agrees to provide written reasons for the release of a probationary employee within seven (7) days of such release. A claim by a probationary employee that she/he has been unjustly released shall be treated as a grievance, provided After the employee is entitled to grieve, if a written statement of such grievance is lodged by the employee with the Manor at Step 3 within seven (7) days after the date the release is effected. Such grievance shall be treated as a special grievance as set out below. The Manor agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has successfully completed herhis/his her probationary period, without just cause. A claim by an his/her seniority shall be calculated from the date of hire.
(d) If a new employee who has completed heris laid off prior to completing his/his her probationary period, and the Employer had not yet reached a determination concerning the suitability of the employee for continued employment, then the following provisions shall apply:
(i) The Employer shall recall the employee to work within his/her classification before hiring a new employee, provided that the opportunity for recall occurs within a period of ten (10) consecutive months from the date of the employee’s layoff.
(ii) If the employee returns to work for the Employer pursuant to (i) above, the employee shall be entitled to be given credit towards the completion of his/her probationary period that shefor the hours worked and for the calendar days of employment from the date of his/he has been unjustly discharged or suspended her initial hire to the date of his/her layoff.
(iii) If the employee successfully completes his/her probationary period, his/her seniority shall be treated as a grievance if a written statement calculated from the date of such grievance is lodged by his/her initial hire prior to the layoff.
(iv) If the employee fails to return to work upon his/her recall pursuant to (i) above, his/her employment with the Manor at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may Employer shall be settled under the Grievance or Arbitration Procedure by:
i) confirming the Manor's action in dismissing the employee; or
ii) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost; or
iii) by any other arrangement which may be deemed just and equitableterminated.
Appears in 1 contract
Sources: Collective Agreement
Probation. (a) For 17.01 All newly hired employees, the probationary employees shall be considered on probation for a period shall be:
i) two hundred and seventy (270) hours worked for full-time employees;
ii) two hundred and seventy (270) hours worked or of six (6) calendar months, whichever occurs first, for regular part-time employees; and,
iii) two hundred and seventy (270) hours worked or eight (8) calendar months, whichever comes first, for casual part-time employees. The parties recognize that ongoing feedback about the nurse’s progress is important Employment during probation will be credited to the probationary nurseemployee for the calculation of continuous employment. Seniority shall then be credited as of Subject to mutual agreement between the date of first entry into Company and the service of the Employer and shall be cumulative. There will be a performance report made after sixty (60) calendar days of Union the probationary period having expiredfor any given employee may be extended for just cause up to 3 months. The probationary employee shall enjoy all of the rights and privileges prescribed in this Agreement except that she/he shall not have access to the grievance or arbitration provisions of the Agreement in In the event that she/he an employee’s probationary period is dischargedextended, unless the Employer shall notify the employee, in writing, of such an extension. Said written notification shall include the Employer’s reasons(s) for extending the employee’s probationary period as well as reasonable objectives to be met by the employee during such extension.
17.02 A probationary period will only apply upon initial appointment to the Serco Canada Inc. Ltd. at NFTC 15 Wing Moose Jaw.
17.03 During the probationary period an employee will be provided with orientation, training and guidance. This is released to ensure that he/she understands his/her job duties and the Employer’s performance requirements. Not later than the mid-point of his/her probationary period, the employee will have his/her job performance evaluated in accordance with the performance review process outlined for exercising a right under this Agreementthe position.
(b) 17.04 The release employee will be given written notification of the successful completion of his/her probationary period.
17.05 The newly hired employee may be released on probation for just cause if he/she is found to be unsuitable for continuing employment. In determining the suitability of employment of a probationary employee for reasons based employee, only factors that can reasonably be expected to affect work performance will be evaluated. Release on performance and ability to do the job, including skills, suitability and availability probation shall not be subject to the grievance procedure unless process where the probationary employee is released for:
i) reasons which are arbitrary, discriminatory or in bad faith;
ii) exercising a right under this Agreement. The Manor agrees to provide written reasons for the release of a probationary employee within seven (7) days of such release. A claim by a probationary employee that she/he probation has been unjustly released shall be treated extended as a grievance, provided the employee is entitled to grieve, if a written statement of such grievance is lodged by the employee with the Manor at Step 3 within seven (7) days after the date the release is effected. Such grievance shall be treated as a special grievance as set out below. The Manor agrees to provide written reasons within seven (7) calendar days to the affected employee outlined in Article 17.01
17.06 In the case of discharge or suspension and further agrees that it a subsequent appointment to another position, a three (3) month trial period will not suspend, discharge or otherwise discipline an be in effect during which time the employee who has completed her/his probationary periodmoved to the new position who does not wish to remain in that position, without just causeor does not satisfy the job requirements of that position will be returned to the former position. A claim Any other employees whose positions were changed as a result of the selection process shall also be returned to their former positions.
17.07 Every employee terminated by an employee reason of rejection on probation who has completed her/his probationary period that she/he has been unjustly discharged or suspended worked for the Employer for less than three (3) months, shall be treated as given a grievance if a written statement of such grievance is lodged by the employee with the Manor at Step No. 3 within seven one (71) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
i) confirming the Manor's action in dismissing the employee; or
ii) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost; or
iii) by any other arrangement which may be deemed just and equitableweek paid notice period.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Probation. 11.01 A newly hired employee shall be known as a probationary employee until they have actually worked and successfully completed four hundred and twelve and a half (412.5) hours of work.
11.02 On or before the expiry date of the initial probationary period, the Employer will confirm, to the employee, the decision to:
(a) For newly hired employees, confirm the probationary period shall be:
i) two hundred and seventy (270) hours worked for full-time employees;
ii) two hundred and seventy (270) hours worked or six (6) calendar months, whichever occurs first, for regular part-time employeesempl their probation; and,
iii) two hundred and seventy (270) hours worked or eight (8) calendar months, whichever comes first, for casual part-time employees. The parties recognize that ongoing feedback about the nurse’s progress is important to the probationary nurse. Seniority shall then be credited as of the date of first entry into the service of the Employer and shall be cumulative. There will be a performance report made after sixty (60) calendar days of the probationary period having expired. The probationary employee shall enjoy all of the rights and privileges prescribed in this Agreement except that she/he shall not have access to the grievance or arbitration provisions of the Agreement in the event that she/he is discharged, unless the probationary employee is released for exercising a right under this Agreement.or
(b) The release terminate the employee.
11.03 It is recognized that probation is a period during which the Employer has the right to assess an employee to determine whether such employee is, in the sole discretion of the Employer, acceptable for continued employment after the probation period has been completed. It is therefore agreed that probationary employees may be terminated at any time during the probationary period in the sole and absolute discretion of the Employer. Probationary employees will also have no right of recall from lay-off if they have been laid off during the probationary period.
11.04 An arbitrator has no jurisdiction to reinstate or award any other remedy to a probationary employee for reasons based on performance and ability to do the job, including skills, suitability and availability shall not be subject to the grievance procedure unless the probationary employee is released for:
i) reasons which are arbitrary, discriminatory or in bad faith;
ii) exercising a right under this Agreement. The Manor agrees to provide written reasons for the release of a probationary employee within seven (7) days of such release. A claim by a probationary employee that she/he has been unjustly released shall be treated as a grievance, provided the employee is entitled to grieve, if a written statement of such grievance is lodged by the employee with the Manor at Step 3 within seven (7) days after the date the release is effected. Such grievance shall be treated as a special grievance as set out below. The Manor agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge discharge, suspension, or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her/his probationary period, without just cause. A claim by an employee who has completed her/his probationary period that she/he has been unjustly discharged or suspended shall be treated as a grievance if a written statement layoff of such grievance is lodged by the employee with the Manor at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance probationary employee, subject to any remedy that may be settled under awarded if it can be established that a probationary employee had been discharged, suspended or laid off in violation of Article 5.01.
11.05 While it is acknowledged that probationary employees are bargaining unit employees and covered by this Collective Agreement, it is also understood that certain provisions of this Agreement do not apply to probationary employees as expressly set out in this agreement. Without limiting the Grievance or Arbitration Procedure by:
i) confirming generality of the Manor's action foregoing, it is understood that probationary employees have no entitlement to participation in dismissing the employee; or
ii) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost; or
iii) by any other arrangement which may be deemed just and equitablegroup benefits.
Appears in 1 contract
Sources: Collective Agreement
Probation. (a) For newly hired employees12.1.1 Employees appointed to the entry level class of Police Officer shall be placed on probationary status for eighteen months. Employees appointed to the class of Police Officer who possess a valid basic P.O.S.T. certificate shall be placed on probation for one year. The probationary period may be extended for up to one additional year with the approval of the Human Resources Department and written notice to the employee.
12.1.2 Employees appointed or promoted to the Sergeant classification shall be placed on probationary status for one year. The probationary period may be extended for up to one additional year with the approval of the Human Resources Department and written notice to the employee.
12.1.3 The probationary period shall be considered a part of the examination and selection process and shall not include time served under any limited service or provisional appointment, but shall begin on the date of appointment to the Police Officer or Sergeant classification after certification.
12.1.4 Leaves of absence or assignments out of the classification totaling more than 30 calendar days, for any reason, shall not be counted toward completion of the probationary period. The probationary period will be extended the equivalent amount of any leave of absence exceeding 30 calendar days.
12.1.5 During the probationary period, the employee may be rejected by the Chief of Police at any time without right of appeal or hearing, unless required by law.
12.1.6 An employee rejected during the probationary period from a position to which the employee has been promoted shall be:return to the position and status from which the employee was promoted, unless the reason for rejection would have been sufficient to cause dismissal from the former position as well. In such case, the employee shall be entitled to appeal dismissal as provided in this MOU.
i) two hundred 12.1.7 Employees who successfully complete their probationary period and seventy (270) hours worked for full-time employees;
ii) two hundred who resign and seventy (270) hours worked or are subsequently reinstated from a reinstatement list shall have a six (6) calendar monthsmonth probationary period. Newly appointed probationary employees who are on a leave status in excess of three (3) months shall commence a new probationary period upon return to work.
12.1.8 Where the probationary employee has performed satisfactorily during the probationary period, whichever occurs first, for regular part-time employees; and,
iii) two hundred and seventy (270) hours worked or eight (8) calendar months, whichever comes first, for casual part-time employees. The parties recognize that ongoing feedback about the nurse’s progress is important Chief of Police shall recommend to the Human Resources Department in the final probationary nurseperformance evaluation report, that the employee be considered for permanent appointment to the applicable classification. Seniority Employees who have not performed satisfactorily shall then either be credited as of the date of first entry into the service of the Employer and shall be cumulative. There will be a performance report made after sixty (60) calendar days of rejected pursuant to paragraph 12.1.5, or the probationary period having expired. The probationary employee shall enjoy all of the rights and privileges prescribed in this Agreement except that she/he shall not have access extended pursuant to the grievance or arbitration provisions of the Agreement in the event that she/he is discharged, unless the probationary employee is released for exercising a right under this Agreementparagraph 12.1.2.
(b) The release of a probationary employee for reasons based on performance and ability to do the job, including skills, suitability and availability shall not be subject to the grievance procedure unless the probationary employee is released for:
i) reasons which are arbitrary, discriminatory or in bad faith;
ii) exercising a right under this Agreement. The Manor agrees to provide written reasons for the release of a probationary employee within seven (7) days of such release. A claim by a probationary employee that she/he has been unjustly released shall be treated as a grievance, provided the employee is entitled to grieve, if a written statement of such grievance is lodged by the employee with the Manor at Step 3 within seven (7) days after the date the release is effected. Such grievance shall be treated as a special grievance as set out below. The Manor agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her/his probationary period, without just cause. A claim by an employee who has completed her/his probationary period that she/he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Manor at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
i) confirming the Manor's action in dismissing the employee; or
ii) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost; or
iii) by any other arrangement which may be deemed just and equitable.
Appears in 1 contract
Sources: Memorandum of Understanding
Probation. (a) For 17.01 All newly hired employees, the probationary employees shall be considered on probation for a period shall be:
i) two hundred and seventy (270) hours worked for full-time employees;
ii) two hundred and seventy (270) hours worked or of six (6) calendar months, whichever occurs first, for regular part-time employees; and,
iii) two hundred and seventy (270) hours worked or eight (8) calendar months, whichever comes first, for casual part-time employees. The parties recognize that ongoing feedback about the nurse’s progress is important Employment during probation will be credited to the probationary nurseemployee for the calculation of continuous employment. Seniority shall then be credited as of Subject to mutual agreement between the date of first entry into Company and the service of the Employer and shall be cumulative. There will be a performance report made after sixty (60) calendar days of Union the probationary period having expiredfor any given employee may be extended for just cause up to 3 months. The probationary employee shall enjoy all of the rights and privileges prescribed in this Agreement except that she/he shall not have access to the grievance or arbitration provisions of the Agreement in In the event that she/he an employee’s probationary period is dischargedextended, unless the Employer shall notify the employee, in writing, of such an extension. Said written notification shall include the Employer’s reasons(s) for extending the employee’s probationary period as well as reasonable objectives to be met by the employee during such extension.
17.02 A probationary period will only apply upon initial appointment to the ATCO Structures & Logistics Ltd. at NFTC 15 Wing Moose Jaw.
17.03 During the probationary period an employee will be provided with orientation, training and guidance. This is released to ensure that he/she understands his/her job duties and the Employer’s performance requirements. Not later than the mid-point of his/her probationary period, the employee will have his/her job performance evaluated in accordance with the performance review process outlined for exercising a right under this Agreementthe position.
(b) 17.04 The release employee will be given written notification of the successful completion of his/her probationary period.
17.05 The newly hired employee may be released on probation for just cause if he/she is found to be unsuitable for continuing employment. In determining the suitability of employment of a probationary employee for reasons based employee, only factors that can reasonably be expected to affect work performance will be evaluated. Release on performance and ability to do the job, including skills, suitability and availability probation shall not be subject to the grievance procedure unless process where the probationary employee is released for:
i) reasons which are arbitrary, discriminatory or in bad faith;
ii) exercising a right under this Agreement. The Manor agrees to provide written reasons for the release of a probationary employee within seven (7) days of such release. A claim by a probationary employee that she/he probation has been unjustly released shall be treated extended as a grievance, provided the employee is entitled to grieve, if a written statement of such grievance is lodged by the employee with the Manor at Step 3 within seven (7) days after the date the release is effected. Such grievance shall be treated as a special grievance as set out below. The Manor agrees to provide written reasons within seven (7) calendar days to the affected employee outlined in Article 17.01
17.06 In the case of discharge or suspension and further agrees that it a subsequent appointment to another position, a three (3) month trial period will not suspend, discharge or otherwise discipline an be in effect during which time the employee who has completed her/his probationary periodmoved to the new position who does not wish to remain in that position, without just causeor does not satisfy the job requirements of that position will be returned to the former position. A claim Any other employees whose positions were changed as a result of the selection process shall also be returned to their former positions.
17.07 Every employee terminated by an employee reason of rejection on probation who has completed her/his probationary period that she/he has been unjustly discharged or suspended worked for the Employer for less than three (3) months, shall be treated as given a grievance if a written statement of such grievance is lodged by the employee with the Manor at Step No. 3 within seven one (71) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
i) confirming the Manor's action in dismissing the employee; or
ii) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost; or
iii) by any other arrangement which may be deemed just and equitableweek paid notice period.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Probation. (a) For newly hired Initial Probation
i) All employees, upon initial appointment, shall serve a probationary period of 962 hours from the date of appointment which may be extended once for up to 481 hours by mutual agreement of the parties in writing.
ii) An employee, who voluntary transfers or promotes during her initial probationary period, shall complete her initial probation period while concurrently serving a subsequent probationary period in the new position.
iii) During the first 962 hours of their initial probationary period employees may be terminated due to general unsuitability as deemed by the Executive Director.
b) Subsequent Probation On subsequent appointment, the probationary period shall be:be 481 hours, which may be extended once for 481 hours by mutual agreement.
c) Home Position
i) two hundred and seventy Upon completion of an initial probation, Article 8.6 (270) hours worked for full-time a)(i), or subsequent probation, Article 8.6 (a)(ii), employees;, other than persons hired externally into temporary or casual positions, shall be deemed to hold a home position.
ii) two hundred An employee hired externally into a temporary position shall serve probation in that position. These employees do not have a home position and seventy (270upon conclusion of the temporary position are placed on the employment list. These employees, where qualified, may request consideration to have their name placed on casual lists.
d) hours worked or six (6Reversion
i) calendar monthsAn employee who does not successfully complete her subsequent probationary period shall revert to her home position at her former rate of pay, whichever occurs firstsubject to any increases that she would have received had she remained in that position, for regular part-time employees; and,with no loss of seniority.
ii) Notwithstanding the above, an employee, who has completed an initial probationary period and is currently
iii) two hundred and seventy (270) hours worked or eight (8) calendar monthsA permanent employee displaced through the reversion provisions shall also have the right to revert to her former position at her former rate of pay, whichever comes firstsubject to any increments she would have received had she remained in that position. If there is no former position, for casual part-time employees. The parties recognize that ongoing feedback about the nurse’s progress is important to the probationary nurse. Seniority shall then be credited as of the date of first entry into the service of the Employer and Employee shall be cumulative. There will be a performance report made after sixty (60) calendar days of the probationary period having expired. The probationary employee considered on layoff and all rights as stated in Article 10 Lay-Off shall enjoy all of the rights and privileges prescribed in this Agreement except that she/he shall not have access to the grievance or arbitration provisions of the Agreement in the event that she/he is discharged, unless the probationary employee is released for exercising a right under this Agreementapply.
(b) The release of a probationary employee for reasons based on performance and ability to do the job, including skills, suitability and availability shall not be subject to the grievance procedure unless the probationary employee is released for:
i) reasons which are arbitrary, discriminatory or in bad faith;
ii) exercising a right under this Agreement. The Manor agrees to provide written reasons for the release of a probationary employee within seven (7) days of such release. A claim by a probationary employee that she/he has been unjustly released shall be treated as a grievance, provided the employee is entitled to grieve, if a written statement of such grievance is lodged by the employee with the Manor at Step 3 within seven (7) days after the date the release is effected. Such grievance shall be treated as a special grievance as set out below. The Manor agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her/his probationary period, without just cause. A claim by an employee who has completed her/his probationary period that she/he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Manor at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
i) confirming the Manor's action in dismissing the employee; or
ii) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost; or
iii) by any other arrangement which may be deemed just and equitable.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Probation. A probationary period for a current employee who changes classification through the bid procedure (aa bid is defined as the process of applying for a position through a job posting), excluding demotional bids within the same classification series, shall be referred to as “trial period”.
6.3.1 During the trial period, which shall be forty-five (45) For newly hired employeesactually worked days, the probationary period employee’s immediate supervisor will prepare progress reports. Such employee shall be:
ibe provided a written progress report after twenty (20) two hundred and seventy (270) hours actually worked for full-time employees;
ii) two hundred and seventy (270) hours worked or six (6) calendar months, whichever occurs first, for regular part-time employees; and,
iii) two hundred and seventy (270) hours worked or eight (8) calendar months, whichever comes first, for casual part-time employeesdays. The parties recognize that ongoing feedback about the nurse’s progress is important employee must sign a copy of this report before it goes to the probationary nursePersonnel Office. Seniority The signature does not necessarily mean the employee agrees with the report, but merely the employee has read and discussed it with the supervisor. No comments can be added to the progress report after the employee has signed it. The employee or the evaluator’s immediate supervisor will have the option to have a second evaluation performed in the same manner as was the initial evaluation. If a second evaluation is performed, the initial evaluator’s immediate supervisor and the employee shall then sign it in each other’s presence. If during the trial period, the employee’s work performance has been determined to be credited as of unsatisfactory, the date of first entry into the service of the Employer and shall be cumulative. There employee will be a given written notice advising him/her that his/her work performance report made after sixty (60) calendar days of the probationary period having expired. The probationary employee shall enjoy all of the rights and privileges prescribed in this Agreement except that she/he shall not have access to the grievance or arbitration provisions of the Agreement in the event that she/he is discharged, unless the probationary employee is released for exercising a right under this Agreement.
(b) The release of a probationary employee for reasons based on performance and ability to do the job, including skills, suitability and availability shall not be subject to the grievance procedure unless the probationary employee is released for:
i) reasons which are arbitrary, discriminatory or in bad faith;
ii) exercising a right under this Agreement. The Manor agrees to provide written reasons for the release of a probationary employee within seven (7) days of such release. A claim by a probationary employee that she/he has been unjustly released shall be treated as a grievance, provided unsatisfactory. If the employee is entitled given an unsatisfactory progress report after twenty (20) actually worked days, that employee will thereafter be evaluated within ten (10) actually worked days and given another progress report. If an employee in a trial period fails to grievemeet the requirements for the position, is laid-off, or he/she chooses to return to his/her previous position up to the last day his/her previous position is posted, he/she will be returned to their previous position held prior to the promotion (same total hours, same job classification and wage schedule placement) if a written statement of such grievance is lodged position still exists. The employee being displaced by the such trial period employee with the Manor at Step 3 within seven (7) days after the date the release is effectedwill be returned to his/her previous position. Such grievance displacement shall be treated as a special grievance as set out below. The Manor agrees to provide written reasons within seven occur (7domino effect) calendar days until all employees that are displaced due to the affected return of the trial period employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her/his probationary periodare returned to their previous positions, without just cause. A claim by an employee who has completed her/his probationary period that she/he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Manor at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
i) confirming the Manor's action in dismissing the employee; or
ii) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost; or
iii) by any other arrangement which may be deemed just and equitableregard to seniority.
Appears in 1 contract
Sources: Negotiated Agreement
Probation. (a) For newly hired employees, the 7.1 Each new employee shall serve a probationary period shall be:
i) two hundred and seventy (270) hours worked for full-time employees;
ii) two hundred and seventy (270) hours worked or six (6) calendar months, whichever occurs first, for regular part-time employees; and,
iii) two hundred and seventy (270) hours worked or eight (8) calendar months, whichever comes first, for casual part-time employees. The parties recognize that ongoing feedback about the nurse’s progress is important to the probationary nurse. Seniority shall then be credited as of the date of first entry into the service of the Employer and shall be cumulative. There will be a performance report made after sixty (60) calendar workdays. Workdays shall be defined as days that the employee actually worked a full work day. Probationary employees shall be evaluated after forty-five (45) work days. Following such evaluation, the employee will be made aware of the probationary period having expiredany issues/concerns regarding job performance, and provided with specific issues and concerns, as well as recommendations for improvement in writing. The probationary employee shall enjoy all of the rights and privileges prescribed in this Agreement except that she/he shall not have access to the grievance or arbitration provisions of the Agreement in (In the event that shethe Building Principal or his/he is dischargedher designee fails to evaluate the bargaining unit employee, unless the probationary employee is released for exercising a right under this Agreement.
(b) The release of a probationary employee for reasons based on performance and ability to do the job, including skills, suitability and availability such failure shall not be subject to the grievance procedure unless and arbitration procedure. Moreover, the content, findings, and determinations set forth in the evaluation shall not be subject to the grievance and arbitration procedure.) The Superintendent ▇▇▇, at his/her discretion, extend the probationary period for an additional sixty (60) workday period. If the Superintendent or his/her designee does not notify the employee and the Union at the end of the initial sixty (60) workday period of the extension of the sixty (60) workday period, the probationary period shall end at such time. In the event that an employee's initial probationary period is released for:
iextended, the employee and the Union will be advised of the reason(s) reasons which are arbitraryfor the extension. During the employee's probationary period and, discriminatory if applicable, extended probationary period, the employee may be dismissed or in bad faith;
ii) exercising a right under otherwise disciplined without access to the grievance and arbitration procedure of this Agreement. The Manor agrees to provide written reasons for Upon completion of the release of a probationary employee within seven (7) days of such release. A claim by a probationary employee that she/he has been unjustly released shall be treated as a grievance, provided the employee is entitled to grieveperiod and, if a written statement of such grievance is lodged by applicable, the employee with the Manor at Step 3 within seven (7) days after the date the release is effected. Such grievance shall be treated as a special grievance as set out below. The Manor agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her/his extended probationary period, without just cause. A claim by an the seniority of the new employee who has completed her/his probationary period that she/he has been unjustly discharged or suspended shall be treated as a grievance if a written statement commence from the employee's first day of such grievance is lodged by the employee continuous actual employment with the Manor at Step NoBoard (i.e., from his/her first day of work, not his/her date of hire) in a paid, regular assignment in a bargaining unit position covered by this Agreement.
7.2 The Board shall provide, by October 15th of each year, a complete list of bargaining unit employees' names with the most recent information the Board has regarding the respective employee's address, phone numbers, dates of hire, rates of pay, and insurance status. 3 The local union president shall also be advised, in writing, within seven two (72) calendar days after weeks from their hire dates, the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
i) confirming the Manor's action in dismissing the employee; or
ii) reinstating the employee with or without loss names, addresses, phone numbers, dates of seniority hire, rates of pay, and with or without full compensation for the time lost; or
iii) by insurance statuses of any other arrangement which may be deemed just and equitablenew employees.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Probation. 17.01 YSB shall conduct an orientation program for all first-time Employees prior to the mid-point of the probationary period.
17.02 In pursuing ▇▇▇'s commitment to support the professional development of staff, YSB shall equitably fulfil the training needs of staff regardless of their program of origin. Training opportunities will be identified through consultation and posted as they occur.
17.03 YSB shall provide program specific training and orientation for all Employees.
17.04 YSB shall provide a written appraisal of the employee’s performance prior to the completion of the probationary period. Such appraisal shall be used to assess the performance of the employee to make the employee aware of the effectiveness of their performance, to assist in the planning and training opportunities for employees, and to assist in the development of the professional potential of employees. The employee shall receive a minimum of two documented supervisory meetings during this probationary period.
17.05 There shall be a probationary period of 720 hours or six months whichever is less at work from the date of commencement of employment for new Employees. The probation period will be extended by any periods of absences of ten (a10) For newly hired employeesconsecutive scheduled work days or longer. Where the employee has previously completed the probationary period as a part time employee, a second probationary period is not required. Where the Employee is appointed to a full time position during the part time probationary period, the employee shall be required to complete the unfinished portion of the initial probation period.
17.06 Employees shall receive written notice when they have completed their probationary period. If no notice is received at the end of the probationary period, the probationary period shall be:be deemed to have been completed.
i17.07 A current Employee who obtains a new position in a Bargaining Unit shall be allowed a trial period of twelve (12) two hundred weeks. If at the end of this twelve (12) week trial period, YSB or the Employee determines that the Employee in question is not suitable for the new position, the Employee shall be transferred back to his/her former position with no loss of seniority, sick leave, vacation credits or other health and seventy (270) hours worked for full-time employees;
ii) two hundred and seventy (270) hours worked or six (6) calendar months, whichever occurs first, for regular part-time employees; and,
iii) two hundred and seventy (270) hours worked or eight (8) calendar months, whichever comes first, for casual part-time employeeswelfare benefits. The parties recognize that ongoing feedback about the nurse’s progress is important to employee shall receive formal supervisory meetings monthly during this trial period.
17.08 (F.T.) Vacation leave shall be instituted upon completion of the probationary nurseperiod. Seniority Vacation entitlement shall then be credited calculated as of the date of first entry into the service of the Employer and last hire. All Employees shall be cumulative. There will be a performance report made after sixty (60) calendar days of the probationary period having expired. The probationary employee shall enjoy all of the rights and privileges prescribed in this Agreement except that she/he shall not have access to the grievance or arbitration provisions of the Agreement in the event that she/he is discharged, unless the probationary employee is released for exercising a right under this Agreement.
(b) The release of a probationary employee for reasons based on performance and ability to do the job, including skills, suitability and availability shall not be subject to the grievance procedure unless the probationary employee is released for:
i) reasons which are arbitrary, discriminatory or in bad faith;
ii) exercising a right under this Agreement. The Manor agrees to provide written reasons for the release of a probationary employee within seven (7) days of such release. A claim by a probationary employee that she/he has been unjustly released shall be treated as a grievance, provided the employee is entitled to grieve, if a written statement of such grievance is lodged by the employee with the Manor at Step 3 within seven (7) days after the date the release is effected. Such grievance shall be treated sick leave credits as a special grievance as set out below. The Manor agrees to provide written reasons within seven (7) calendar days to the affected employee specified in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her/his probationary period, without just cause. A claim by an employee who has completed her/his probationary period that she/he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Manor at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
i) confirming the Manor's action in dismissing the employee; or
ii) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost; or
iii) by any other arrangement which may be deemed just and equitableArticle 25.
Appears in 1 contract
Sources: Collective Agreement
Probation. (a) For newly hired employees, 11.01 The first 90 calendar days of employment shall be the probationary period shall be:
i) two hundred and seventy (270) hours worked for full-time employees;
ii) two hundred and seventy (270) hours worked or six (6) calendar monthsduring which the Company will assess whether a new employee, whichever occurs firstwho has been evaluated, for regular part-time employees; and,
iii) two hundred and seventy (270) hours worked or eight (8) calendar monthsis suitable to be retained. It is understood that such new employee, whichever comes first, for casual part-time employees. The parties recognize that ongoing feedback about the nurse’s progress is important to the probationary nurse. Seniority shall then be credited as of the date of first entry into the service of the Employer and shall be cumulative. There will be a performance report made after sixty (60) calendar days of who sees his employment terminated during the probationary period having expired. The probationary employee shall enjoy all of the rights and privileges prescribed in this Agreement except that she/he shall for just cause, is not have access entitled to the grievance procedure. When probation has been completed, seniority will be counted from the first day of training or arbitration provisions first date of the Agreement in the event that she/he is discharged, unless the probationary work for which an employee is released for exercising a right under this Agreement.
(b) paid. The release discharge or termination of a probationary employee shall be in the sole discretion of the employer provided such discharge or termination is not for reasons based on performance and ability to do the job, including skills, suitability and availability shall not be subject to the grievance procedure unless the probationary employee is released for:
i) reasons which are arbitrary, discriminatory capricious or in bad faith;
ii) exercising a right under this Agreementdiscriminatory. The Manor agrees to provide written reasons for the release of Should a probationary employee through no fault of their own miss sufficient time due to an illness, accident within seven the probationary period the Company and the Union will meet to arrange an extension to the probationary period in order that the Company has sufficient time to access the employee’s ability to perform the job and in order to complete required Company and Airline specific training.
11.02 An employee transferring from one classification to another will be required to serve a trial period of fifteen (715) days of such releaseworked in his new position. A claim This trial period is to provide the Company time to evaluate the employee's suitability in the new classification. The employee may exercise his seniority in his/her previous classification if he/she chooses to return to it or should he fail to successfully complete his/her trial period.
11.03 Any person re-employed by the Company after having separated from its employment shall, when re-employed again, be a probationary employee that she/he has been unjustly released shall be treated as a grievanceherein provided. A laid-off employee who retains seniority, as provided the employee is entitled to grieveby Article 12.00 hereof, if a written statement of such grievance is lodged by the employee with the Manor at Step 3 within seven (7) days after the date the release is effected. Such grievance shall be treated as a special grievance as set out below. The Manor agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her/his probationary periodon leave of absence, without just cause. A claim as provided by an employee who has completed her/his probationary period that she/he has been unjustly discharged or suspended Article 13.00 hereof, shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Manor at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
i) confirming the Manor's action in dismissing the employee; or
ii) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost; or
iii) by any other arrangement which may not be deemed just to have separated from employment and equitableshall not again be a probationary employee should he/she return to work.
Appears in 1 contract
Sources: Collective Agreement
Probation. (a) For newly hired employees25.1 Employees appointed from eligibility lists, reinstated employees and employees reassigned according to the probationary Vocational Rehabilitation Administrative Regulation shall be subject to a period of probation. The regular period of probation shall be:
i) two hundred and seventy (270) hours worked for full-time employees;
ii) two hundred and seventy (270) hours worked or be six (6) calendar months, whichever occurs first, months unless otherwise specified for regular part-time employees; and,certain designated job classes.
iii) two hundred and seventy (270) hours worked or eight (8) calendar months, whichever comes first, for casual part-time employees. The parties recognize that ongoing feedback about the nurse’s progress is important 25.1.1 Employees promoted from an apprentice job class to the probationary nurse. Seniority shall then be credited as of journey level class in accordance with the date of first entry into the service of the Employer and shall be cumulative. There will be a performance report made after sixty (60) calendar days of the probationary period having expired. The probationary employee shall enjoy all of the rights and privileges prescribed in this appropriate Apprenticeship Agreement except that she/he shall not have access to the grievance or arbitration provisions of the Agreement in the event that she/he is discharged, unless the probationary employee is released for exercising a right under this Agreement.
(b) The release of a probationary employee for reasons based on performance and ability to do the job, including skills, suitability and availability shall not be subject to a period of probation in the grievance procedure unless journey level class.
25.1.2 In the probationary event an employee is released for:assigned to light duty status or is absent from work due to a lengthy illness or injury during his/her probationary period, said employee's probationary status may be extended beyond the regular period of probation in the amount of one complete biweekly pay period for each complete biweekly pay period assigned to light duty status or lost due to such illness or injury.
i) reasons which are arbitrary, discriminatory or in bad faith;
ii) exercising a right under this Agreement. The Manor agrees to provide written reasons for the release 25.1.3 Upon successful completion of a probationary period, an employee within seven (7) days shall be granted regular status in the classification in which the probationary period is served. Except that employees in the Customer Service Representative I classification shall not be granted regular status but will be promoted in accordance with ARTICLE 23 ― APPOINTMENTS & PROMOTIONS, or rejected in accordance with this ARTICLE.
25.2 The work and conduct of probationary employees shall be subject to close scrutiny and evaluation, and, if found to be below standards satisfactory to the appointing authority, the appropriate department head may reject the probationer at any time during the probationary period. Such rejections shall not be subject to review or appeal unless such release. A claim by rejection is alleged to be contrary to the provisions of this Memorandum.
25.2.1 An employee rejected during the probationary period from a probationary employee that sheposition to which he/he she has been unjustly released promoted or transferred shall be treated as a grievance, provided returned to the classification in which he/she has regular status unless the reasons for his/her failure to complete the probationary period would be cause for dismissal.
25.3 An employee shall be retained beyond the end of the probationary period only if the appropriate department head affirms that the services of the employee is entitled have been found to grieve, if a written statement of such grievance is lodged by the employee with the Manor at Step 3 within seven (7) days after the date the release is effected. Such grievance shall be treated as a special grievance as set out below. The Manor agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her/his probationary period, without just cause. A claim by an employee who has completed her/his probationary period that she/he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Manor at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
i) confirming the Manor's action in dismissing the employee; or
ii) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost; or
iii) by any other arrangement which may be deemed just and equitablesatisfactory.
Appears in 1 contract
Sources: Memorandum of Understanding
Probation. (a) For newly hired employees, the All new employees shall be subject to a probationary period shall be:
iof ninety (90) two calendar days of employment from the date of hire or three hundred and seventy fifty (270350) hours worked, whichever occurs first. A probationary employee who is not available to be scheduled for a period of time greater than seven (7) shifts during the ninety (90) calendar day probationary period and who has not completed the three hundred and fifty (350) hours worked during that period shall have his/her probationary period extended by the length of time the employee was not available to be schedule for full-time employees;
ii) two work, to a maximum extension of one hundred and seventy sixty (270160) hours worked or six (6) calendar months, whichever occurs first, for regular part-time employees; and,
iii) two hundred and seventy (270) hours worked or eight (8) calendar months, whichever comes first, for casual part-time employees. The parties recognize that ongoing feedback about the nurse’s progress is important to the probationary nurse. Seniority shall then be credited as of the date of first entry into the service of the Employer and shall be cumulative. There will be a performance report made after sixty (60) calendar days of the probationary period having expired. The probationary employee shall enjoy all of the rights and privileges prescribed in this Agreement except that she/he shall not have access to the grievance or arbitration provisions of the Agreement in the event that she/he is dischargeddays, unless the probationary employee is released for exercising a right under this Agreementwhichever occurs first.
(b) The release purpose of a the probationary period is to determine, in the opinion of the Employer, the suitability of the employee for reasons based on performance and ability continued employment.
(c) Only those employees who have successfully completed their probationary period are entitled to do claim the job, including skills, suitability and availability shall not be subject to the grievance procedure unless the probationary employee is released for:
i) reasons which are arbitrary, discriminatory or in bad faith;
ii) exercising a right under this Agreementrights arising out of seniority. The Manor agrees to provide written reasons for the release of a probationary employee within seven (7) days of such release. A claim by a probationary employee that she/he has been unjustly released shall be treated as a grievance, provided After the employee is entitled to grieve, if a written statement of such grievance is lodged by the employee with the Manor at Step 3 within seven (7) days after the date the release is effected. Such grievance shall be treated as a special grievance as set out below. The Manor agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has successfully completed herhis/his her probationary period, without just cause. A claim by an his/her seniority shall be calculated from the date of hire.
(d) If a new employee who has completed heris laid off prior to completing his/his her probationary period, and the Employer had not yet reached a determination concerning the suitability of the employee for continued employment, then the following provisions shall apply:
(i) The Employer shall recall the employee to work within his/her classification before hiring a new employee, provided that the opportunity for recall occurs within a period of ten (10) consecutive months from the date of the employee’s layoff.
(ii) If the employee returns to work for the Employer pursuant to (i) above, the employee shall be entitled to be given credit towards the completion of his/her probationary period that shefor the hours worked and for the calendar days of employment from the date of his/he has been unjustly discharged or suspended her initial hire to the date of his/her layoff.
(iii) If the employee successfully completes his/her probationary period, his/her seniority shall be treated as a grievance if a written statement calculated from the date of such grievance is lodged by his/her initial hire prior to the layoff.
(iv) If the employee fails to return to work upon his/her recall pursuant to (i) above, his/her employment with the Manor at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may Employer shall be settled under the Grievance or Arbitration Procedure by:
i) confirming the Manor's action in dismissing the employee; or
ii) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost; or
iii) by any other arrangement which may be deemed just and equitableterminated.
Appears in 1 contract
Sources: Collective Agreement
Probation. (a) For newly hired employees, the probationary The probation period shall be:
i) two hundred and seventy (270) hours worked for full-time employees;
ii) two hundred and seventy (270) hours worked or six (6) calendar months, whichever occurs first, for regular part-time employees; and,
iii) two hundred and seventy (270) hours worked or eight (8) calendar months, whichever comes first, for casual part-time employees. The parties recognize that ongoing feedback about the nurse’s progress is important to the probationary nurse. Seniority shall then be credited as of the date of first entry into the service of the Employer and employees shall be cumulative. There will be a performance report made after sixty (60) calendar days the first 913.5 hours of the probationary period having expired. The probationary employee shall enjoy all of the rights and privileges prescribed in this Agreement except that she/he shall not have access to the grievance or arbitration provisions of the Agreement in the event that she/he is discharged, unless the probationary employee is released for exercising a right under this Agreementemployment.
(b) Where an extended period of time for assessment of job performance appears to be of mutual benefit the probation period may be extended up to an additional 913.5 hours. It is the intent of the Employer to limit such extensions as much as possible.
(c) Where a regu ar employee is a successful in‐service applicant to a posted position he/she shall be placed on trial for a period of 280 hours. Conditional on satisfactory service, the employee shall be declared permanent after the period of 280 hours. In the event the successful applicant proves unsatis actory in the position during the trial period, or if the employee is unable to perform the duties of the new job classification, he/she shall be returned to his/her former position, wage or salary rate, without loss of seniority. Any other employee promoted or transferred because of the rearrangement of positions shall also be returned to his/her former position, wage or salary rate, without loss of seniority.
(d) Notwithstanding articles pertaining to the probation period, regular employees shall not be eligible to apply for another regular posted position within their initial probation period, except by mutual agreement of the parties.
(e) The release of a College President may reject any probationary employee for reasons based on performance and ability to do the job, including skills, suitability and availability just cause. A rejection during probation shall not be subject to considered a dismissal for the grievance procedure unless the probationary employee is released for:
i) reasons which are arbitrary, discriminatory or in bad faith;
ii) exercising a right under purpose of Article 29.4 of this Agreement. The Manor agrees to provide written reasons test of just cause for rejection shall be a test f suitability of the release of a probationary employee within seven (7) days of such release. A claim by a probationary employee that shefor continued employment in the position to which he/he she has been unjustly released shall be treated as a grievanceappointed, provided that the factors involved in suitability could reasonably be expected to affect work performance.
(f) Where an employee feels he/she has been aggrieved by the decision of the Employer to reject the employee is entitled to grieveduring the probationary period, if a written statement of such grievance is lodged by he/she may grieve the employee with the Manor decision at Step 3 of the grievance procedure as outlined in Article 31.7 of this Agreement within seven (7) 10 working days after of the date on which the release is effected. Such grievance shall be treated as a special grievance as set out below. The Manor agrees to provide written reasons rejection occurred or within seven (7) calendar days to the affected employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her/his probationary period, without just cause. A claim by an employee who has completed her/his probationary period that she/he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Manor at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
i) confirming the Manor's action in dismissing the employee; or
ii) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost; or
iii) by any other arrangement which may be deemed just and equitable10 working rejection.
Appears in 1 contract
Sources: Collective Agreement
Probation. 11.01 A newly hired employee shall be known as a probationary employee until they have actually worked and successfully completed four hundred and twelve and a half (412.5) hours of work.
11.02 On or before the expiry date of the initial probationary period, the Employer will confirm, to the employee, the decision to:
(a) For newly hired employees, confirm the probationary period shall be:
i) two hundred and seventy (270) hours worked for full-time employees;
ii) two hundred and seventy (270) hours worked or six (6) calendar months, whichever occurs first, for regular part-time employeesemployee’s appointment as having successfully completed their probation; and,
iii) two hundred and seventy (270) hours worked or eight (8) calendar months, whichever comes first, for casual part-time employees. The parties recognize that ongoing feedback about the nurse’s progress is important to the probationary nurse. Seniority shall then be credited as of the date of first entry into the service of the Employer and shall be cumulative. There will be a performance report made after sixty (60) calendar days of the probationary period having expired. The probationary employee shall enjoy all of the rights and privileges prescribed in this Agreement except that she/he shall not have access to the grievance or arbitration provisions of the Agreement in the event that she/he is discharged, unless the probationary employee is released for exercising a right under this Agreement.or
(b) The release terminate the employee.
11.03 It is recognized that probation is a period during which the Employer has the right to assess an employee to determine whether such employee is, in the sole discretion of the Employer, acceptable for continued employment after the probation period has been completed. It is therefore agreed that probationary employees may be terminated at any time during the probationary period in the sole and absolute discretion of the Employer. Probationary employees will also have no right of recall from lay-off if they have been laid off during the probationary period.
11.04 An arbitrator has no jurisdiction to reinstate or award any other remedy to a probationary employee for reasons based on performance and ability to do the job, including skills, suitability and availability shall not be subject to the grievance procedure unless the probationary employee is released for:
i) reasons which are arbitrary, discriminatory or in bad faith;
ii) exercising a right under this Agreement. The Manor agrees to provide written reasons for the release of a probationary employee within seven (7) days of such release. A claim by a probationary employee that she/he has been unjustly released shall be treated as a grievance, provided the employee is entitled to grieve, if a written statement of such grievance is lodged by the employee with the Manor at Step 3 within seven (7) days after the date the release is effected. Such grievance shall be treated as a special grievance as set out below. The Manor agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge discharge, suspension, or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her/his probationary period, without just cause. A claim by an employee who has completed her/his probationary period that she/he has been unjustly discharged or suspended shall be treated as a grievance if a written statement layoff of such grievance is lodged by the employee with the Manor at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance probationary employee, subject to any remedy that may be settled under awarded if it can be established that a probationary employee had been discharged, suspended or laid off in violation of Article 5.01.
11.05 While it is acknowledged that probationary employees are bargaining unit employees and covered by this Collective Agreement, it is also understood that certain provisions of this Agreement do not apply to probationary employees as expressly set out in this agreement. Without limiting the Grievance or Arbitration Procedure by:
i) confirming generality of the Manor's action foregoing, it is understood that probationary employees have no entitlement to participation in dismissing the employee; or
ii) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost; or
iii) by any other arrangement which may be deemed just and equitablegroup benefits.
Appears in 1 contract
Sources: Collective Agreement
Probation. (a) For newly hired employees, the probationary period shall be:
i) two hundred and seventy (270) hours worked for full-time employees;
ii) two hundred and seventy (270) hours worked or six (6) calendar months, whichever occurs first, for regular part-time employees; and,
iii) two hundred and seventy (270) hours worked or eight (8) calendar months, whichever comes first, for casual part-time employees. The parties recognize that ongoing feedback about the nurse’s progress is important to the probationary nurse. Seniority shall then be credited as of the date of first entry into the service of the Employer and shall be cumulative. There 10.1 New Employees will be on probation for a performance report made after sixty period of ninety (6090) calendar days from the date they begin employment.
10.2 During the probationary period, the Employee will be considered temporary and may be transferred or discharged at the discretion of the probationary period having expired. The probationary employee shall enjoy all of the rights Company and privileges prescribed in this Agreement except that she/he shall not have access to the grievance such transfer or arbitration provisions of the Agreement in the event that she/he is discharged, unless the probationary employee is released for exercising a right under this Agreement.
(b) The release of a probationary employee for reasons based on performance and ability to do the job, including skills, suitability and availability discharge shall not be subject to the grievance procedure unless and arbitration procedures of this Agreement.
10.3 Upon the completion of their period of probation, an Employee shall be considered a regular Employee and all provisions of this Agreement shall apply. Seniority shall date from the Employee's starting date of employment.
10.4 Employees who have completed their period of probation may be disciplined or discharged for just cause. In the event that an Employee who has completed their probationary employee period is released for:
i) reasons which are arbitrarydisciplined or discharged by the Employer, discriminatory or in bad faith;
ii) exercising and the Employee believes that it is without just cause, the matter may be handled as a right grievance under the “Grievance and Arbitration” Section of this Agreement. The Manor Union agrees that just cause includes, but is not limited to:
(a) theft or dishonesty
(b) falsification of records
(c) willful damage of property
(d) assault
(e) use of alcohol or illegal drugs while working
(f) working while under the influence of alcohol or illegal drugs
(g) chronic lateness or absenteeism
(h) any criminal activity while on the job
(i) willful insubordination or failure to provide comply with Company rules
(j) unexcused or excessive absenteeism or tardiness
(k) failure to report off
(l) unsatisfactory work performance
(m) using tobacco or any tobacco products on company premises
(n) an employee classified as “on-air talent” who is not meeting the artistic needs of the station, as determined by management. In the event the Company seeks to discharge an employee, classified as “on-air talent”, for “just cause” under this “artistic needs” provision, the Company will first issue the employee a written reasons for corrective action plan to describe the release deficiencies and desired improvement. If, at the conclusion of a probationary thirty (30) calendar days, the required improvement has not been achieved, the Company will inform the employee within seven of the continued deficiencies, and will conduct an additional meeting with the employee in ten (710) business days of such release. A claim by a probationary employee that she/he to determine if the required improvement has been unjustly released shall be treated achieved. If the employee’s deficiencies persist, as a grievancedetermined by management, provided the employee is entitled to grieve, if a written statement of such grievance is lodged by the employee with the Manor at Step 3 within seven (7) days after the date the release is effected. Such grievance shall be treated as a special grievance as set out below. The Manor agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her/his probationary period, without for “just cause. A claim by an employee who has completed her/his probationary period that she/he has been unjustly discharged or suspended ” shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Manor at Step No. 3 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
i) confirming the Manor's action in dismissing the employee; or
ii) reinstating the employee with or without loss of seniority and with or without full compensation for the time lost; or
iii) by any other arrangement which may be deemed just and equitableoccur.
Appears in 1 contract
Sources: Collective Bargaining Agreement