SENIORITY Clause Samples
The SENIORITY clause establishes the order of precedence or ranking among parties, obligations, or financial instruments within an agreement. In practice, this clause determines which debts or claims are to be satisfied first in the event of liquidation, bankruptcy, or distribution of assets, often distinguishing between senior and subordinated creditors. By clearly defining the hierarchy of claims, the clause helps manage risk and ensures all parties understand their position relative to others, thereby reducing disputes and uncertainty in the event of financial distress.
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SENIORITY. 22.01 Seniority shall be defined as the length of continuous service with the Employer within the bargaining unit since his / her most recent date of hire.
22.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all lay-offs, and during all periods of sickness and/or injury.
22.03 An employee shall cease to have seniority rights and his or her employment status with the Employer shall be terminated for all purposes if the employee:
(a) is duly discharged by the Employer and is not reinstated through the grievance and arbitration procedure contained in the Collective Agreement;
(b) voluntarily quits or resigns;
(c) has been laid off continuously for a period of fifty-two (52) weeks or is called back to work after a lay-off and does not return to work within seven (7) calendar days (or such longer period as may be required to provide another employer with proper notice) of receiving a registered letter sent to his or her last known address;
(d) is absent from work without an authorized leave of absence of more than three (3) days unless s/he can satisfy the Employer s/he had a reasonable excuse for being absent; or
(e) fails to return to work on the completion of an authorized leave of absence, vacation or suspension unless s/he can satisfy the Employer that s/he had a reasonable excuse for not returning to work.
(f) is away for a period of thirty (30) months or more for whatever reason including injury.
22.04 Seniority shall be the governing factor in all matters of promotion, awarding of a new full-time position or vacancy or choice of shifts (except as otherwise provided for in Article 7.01), providing the more senior employee:
(a) has the qualifications, skill and ability to be able to perform the normal functions of the job for all positions other than Pultrusion Operator and Material Handler; and
(b) with respect to Pultrusion Operator and Material Handler, has the qualifications, skill and ability to be able to perform the normal functions of the job and a satisfactory attendance record. Seniority shall be the governing factor in all matters of relieving another employee in a higher paying classification, recall after lay-off, providing the more senior employee has the qualifications, skill and ability to be able to perform the normal functions of the job. Reverse order of seniority shall apply and be the governing factor in all matters of demotion, lay-off, and reduction to part-time, providing the...
SENIORITY. 15.01 Seniority shall be defined as an employee's uninterrupted length of continuous employment with the Employer. A probationary employee shall have no seniority until he satisfactorily completes the probationary period which will be added to his total length of continuous employment.
15.02 An employee's seniority shall be terminated when one or more of the following occurs:
a) He resigns;
b) He is discharged for just cause;
c) He is laid-off for a period of time exceeding eighteen (18) months;
d) He retires;
e) He fails to report for work four (4) consecutive working days without having given the Employer advance notice of his pending absence, unless he is physically unable to do so as certified by the appropriate authority;
f) He becomes unable to perform his job duties due to illness or injury and is unable to return to work within one (1) year or upon the expiration of any leave applicable to him, whichever is greater;
g) He refuses to recall or fails to report to work within fourteen (14) working days from the date the employee receives a recall notice, by certified mail.
15.03 If two (2) or more employees are hired or appointed on the same date, their relative seniority shall be determined by the drawing of lots.
15.04 The City shall provide the Union with a current seniority list within thirty (30) calendar days after the signing of the contract and annually thereafter. The seniority list shall be made up by classification and shall contain, in order of date of hire, the name, department date of hire, and designation as to full-time or part-time status for each employee. The City shall provide the Local Union President with a written list of additions to or deletions from the seniority list, if any, on a quarterly basis.
15.05 Seniority for part-time employees shall be on a pro-rata basis, with 2080 hours of actual service constituting one (1) year of seniority. Part-time employees may exercise seniority rights only against other part-time employees and probationary employees.
15.06 Full-time employees who were formerly part-time City employees shall have their part-time City service counted for seniority purposes on a pro-rata basis. The former part-time service must be continuous and uninterrupted and this service must also be immediately concurrent with the full-time service to qualify. Part- time service shall be on the basis of 2080 hours of constituting one (1) full year of service.
SENIORITY. A. Seniority shall be defined as the length of service within the District as a member of the bargaining unit. Accumulation of seniority shall begin on the employee’s first working day. In the event two or more persons have the same starting date of work, positions on the seniority list shall be determined by lottery. Seniority for employees hired after July 1, 2000, having the same starting date shall be determined by lottery within thirty (30) days of hire date. Seniority placement for those affected will be permanent. Those affected employees and a GSSSA representative will be invited to be present when lottery determination occurs.
B. New employees shall be considered probationary employees until they have completed a probationary period of thirty (30) workdays. Upon satisfactory completion of the probationary period, seniority shall be retroactive to the first day of work.
C. For the purpose of this provision, all employees shall be placed in one of the following classifications based on their current assignments:
1. Assistants
2. Courier
3. Maintenance
4. Secretary
5. Clerical
6. Paraprofessional*
7. Interventionist *Paraprofessionals will be defined as Certified School Readiness, Certified Title I, Certified Interpreter (language, signing), Licensed Building Trades, Certified One/One Nurse, RTC Coordinator, and In School Suspension Coordinator.
D. The employer will develop Job descriptions for each classification with the Association being given the opportunity for input.
E. The Board shall prepare, maintain and post the seniority list. The seniority list shall be prepared and posted conspicuously in all buildings of the District within thirty (30) days after the effective date of this Agreement with revisions and updates. The list shall be updated monthly thereafter and a copy provided to the Association Treasurer and President.
F. State and Federal programs and statutes shall be observed where applicable for specially funded programs. Except where prohibited, all employees shall receive seniority rights as provided in this Agreement.
G. Any employee who has been incapacitated at his regular work by injury or compensable occupational disease while employed by the Board, or injured in a work or non-work related accident may return to a light duty assignment or other work in any classification that is operated by the Board provided such assignment or work is available. Said assignment shall be at the employee’s regular rate of pay.
H. Seniority shall...
SENIORITY. 14.01 The seniority of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.
(a) he/she quits his/her employment;
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.
SENIORITY. SECTION 1. Seniority standing shall be granted to all employees covered by this Agreement. The standing is to be determined on the basis of actual length of continuous service from the latest date of permanent employment in the bargaining unit with the Plymouth-Canton Board of Education. All new employees shall be placed on the seniority list as of the first day of employment, upon the completion of a probationary period of six (6) calendar months of employment, which shall include at least three (3) calendar months while school is in session. Probationary employees may be discharged or disciplined by the Employer without the same causing a breach of the Agreement or constituting a grievance.
SECTION 2. Seniority shall be broken for the following reasons:
A. If the employee quits.
B. If the employee is discharged.
C. If the employee is absent without properly notifying the management, unless a satisfactory reason is given.
D. If the employee fails to return to work within three (3) working days after being notified to report to work and does not give a satisfactory reason.
E. If the employee is laid off for a continuous period equal to seniority he had acquired at the time of such layoff period.
F. If the employee retires.
SECTION 3. Employees are expected to give advance notice of termination. Employees failing to give five (5) days notice without reasonable cause for failing to give such notice shall forfeit one- fifth (1/5th) of all pro-rated benefits due for each day less than the above five (5) working days.
SECTION 4. Employees shall be laid off and recalled according to their seniority in their classifications. An employee on scheduled layoff shall have the right to displace a lesser seniority employee who is in a lower classification provided the senior employee is qualified to hold the position held by the employee.
A. The Employer may make temporary transfers of employees to other locations in order to meet the requirements of the operation of the department. The employer shall give full consideration to seniority.
B. Temporary transfers shall be for a period of no longer than thirty (30) working days; extensions may be given by mutual agreement between the Employer and the Union.
C. A position that requires more than thirty (30) days of temporary transfer (except extensions by agreement) shall be considered an open position to be posted.
SECTION 6. An agreed-to Seniority List shall be made available to the Union and to each employee covered by t...
SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such Guarantor.
SENIORITY. Seniority is defined as the length of service with the Employer, and shall be applied on a bargaining unit wide basis.
SENIORITY. 7.01 Seniority will date from the first day of service with the Fire Department, provided there is continuity of service.
7.02 Schedule "C" attached hereto shall form part of this Agreement and shall show the seniority of the members covered by this Agreement. The placement of a new employee at the bottom of the seniority list shall occur automatically at the time said employee becomes a permanent employee. In cases of multiple hiring of employees occurring on one date, the order that persons are ranked in the eligibility list as of the date of hire shall determine their rank on the seniority list. The City shall provide this list to the Union upon request, but in no event less often than once each calendar year. (An employee's date of birth, for privacy reasons, shall not appear on the seniority list, however, upon request the Union shall be provided with the listing of their member's dates of birth.)
7.03 Seniority shall govern layoffs, and when the Fire Department is engaging additional employees, the rehiring shall be done in the inverse order to layoffs, subject to the following conditions:
(a) An employee shall retain recall rights from the date of layoff for a period of time equal to their length of continuous employment with the Fire Department immediately preceding such layoff.
(b) An employee on layoff under Subsection 7.03(a) above for twelve (12) or more months shall:
(i) produce a medical certificate certifying the employee's physical and mental fitness to perform the duties required by the City, and
(ii) satisfy the Chief of the Department, at the time of recall, that the employee has the qualifications to perform the duties of the rank and position in which the employee was laid off and/or that the employee acquires the necessary knowledge and competence in their new position the employee shall be assigned to steady day shift (8 hours) for purposes of training. After satisfactory completion of such training the employee shall be assigned to a normal working shift. If satisfactory completion of such training is not achieved, such recalled employee shall be deemed to be a newly hired employee and the provisions of Section 8:01, Probationary Fire Fighter, shall apply.
7.04 No member of the Fire Suppression Division shall be assigned to duty in the Fire Prevention Division for a period in excess of three (3) continuous years.
7.05 In the event that sickness or injury of a member makes it desirable for him to serve in the Fire Prevention Division...
SENIORITY. 1. Except as provided in this article, “seniority” means an employee’s aggregate length of service with the employer as determined in accordance with the provisions of the Previous Collective Agreement.
2. Porting Seniority
a. Effective July 1, 2020 and despite Article C.2.1 above, an employee who achieves continuing contract status in another school district shall be credited with up to twenty (20) years of seniority accumulated in other school districts in BC. [Note: From July 1, 2019 to June 30, 2020 the limit on the number of years which could be ported was ten (10) years.]
SENIORITY. 10.01 The net credited service date as shown on Company records and as posted on the seniority lists establishes an employee's seniority. The Company agrees that existing rules for determining net credited service, as described in Company practices, will not be changed during the life of this Agreement in a manner that will diminish the net credited service of any employee.
10.02 All employees covered by this Agreement whose Tier D managers report to the same Tier C manager shall comprise a seniority unit.
10.03 The exercise of seniority shall be within a seniority unit except as otherwise specifically provided in this Agreement. If two or more employees have the same seniority, the one occupying his present position the
10.04 The Company will prepare and make available on the appropriate Company intranet site(s), on February 1 and August 1, lists showing the seniority of employees within each seniority unit, and their headquarters. The link(s) giving access to the intranet site(s) will be posted on the appropriate Company bulletin boards. One copy of such list(s) will be sent to the local Union office.
10.05 The Company agrees to advise the ▇▇▇▇▇▇▇ concerned where an employee is hired, retired on pension, permanently transferred, temporarily transferred, or assigned to a job location, for five days or more, reclassified, reassigned, or promoted to a management position. Such advice as well as the employment status of the employee, his occupation and reporting centre will be given to the ▇▇▇▇▇▇▇ in writing at the time the employee is informed, or immediately thereafter. The Company further agrees to advise, in the same manner, the ▇▇▇▇▇▇▇ concerned of an employee's death, resignation or leave of absence for a period exceeding 30 days.
10.06 The Company agrees to supply bi-monthly, to designated Local Officers of the Union, the surname and first name on Company records, employment status, occupation, and reporting centre, of all employees, as well as the names of the Tier D, Tier C and Tier B managers and the organization code of the Tier D manager of each employee, within a district or equivalent operating unit of the Company.